Food Styling or False Advertising? Subway's Legal Challenge

Subway faces a New York class action lawsuit claiming their advertisements deceptively show sandwiches with 200% more meat than customers actually receive, raising questions about when food styling crosses the line into false advertising.

BUSINESS LAW

2/20/20251 min read

deceptive advertising
deceptive advertising

When Does Food Advertising Cross the Line? Subway's About to Find Out

Ever ordered a sandwich that looked amazing in the ad but was a bit disappointing in real life? Well, Subway's facing that exact issue in a recent lawsuit filed in New York.

Some unhappy customers are taking Subway to court, claiming their ads are showing sandwiches with way more meat than what you actually get in the restaurant. We're talking specifically about their Steak & Cheese and Cheesy Garlic Steak sandwiches. According to the complaint, the ads show these gorgeous, meat-packed sandwiches, but customers say the real deal is pretty sparse on the protein and heavy on the bread.

But here's where it gets interesting – there's a similar case that might give us a clue about how this will play out. Not long ago, Wendy's faced a similar lawsuit in New York, and they won. Why? Because even though their burger ads looked more appetizing than the real thing, they used the same amount of meat in both the photoshoot and the restaurant burgers. The court basically said, "Nice try, but no deception here!"

So, the big question for Subway will be: are their ads just making the same amount of meat look better through clever food styling, or are they actually showing more meat than what customers get? Also, there's a broader question at play: do customers really expect their fast-food sandwiches to look exactly like the glossy photos in the ads?

For companies doing food advertising, the takeaway is pretty clear: if you're making specific claims about your product through demonstrations or photos, you need to be able to back them up. And if you're suggesting that what people see in the ad is exactly what they'll get in the restaurant, it better be true.

We'll have to wait and see which side of the subway line this case falls on, but it's definitely food for thought for advertisers everywhere.