Subway’s $5 ‘footlong’ lawsuit gets nixed by judge

A $520,000 class action lawsuit over Subway's “$5 footlong” is not measuring up, according to a judge..

The controversy originally started back in 2013, after an Australian teen had posted a photo on Facebook of a Subway sandwich next to a tape measurer. The sandwich only came up to 11 inches. The post went viral, soliciting reactions — and a class action lawsuit — from those who felt gipped by the fast food chain.

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Subway vowed to take steps to ensure its rolls would be at least 12 inches, and in 2016 settled in a lower court with a promise for more uniformity in its bread. The suing attorneys were to make $520,000 in fees.

However, the director of the center for Class Action Fairness at the Competitive Enterprise Institute, Theodore Frank, was not pleased with the handsome amount of dough the attorneys were set to receive. Frank objected to the settlement stating that the class in the lawsuit received “negligible to no relief,” as mentioned in The Wall Street Journal.

Judge Diane Sykes has agreed with Frank in the settlement benefitting no one but the attorneys involved in the suit, and on Friday threw out the class-action lawsuit settlement.

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During litigation, The Wall Street Journal reports, Judge Sykes noted that “after the settlement – despite the new measuring tools, protocols, and inspections – there’s still the same small chance that Subway will sell a class member a sandwich that is slightly shorter than advertised.”

Though the dough that is used for each roll will the uniform, there is still a risk that, when baked, the roll won’t come out at exactly 12 inches.

Judge Sykes concluded that Subway customers “know this as a matter of common sense.”