Subway Footlong VS Activia Yogurt
Verdict DROP IT DROP IT
The Reality After an Australian teenager posted a photo in 2013 showing his 'Footlong' measuring only 11 inches, a New York Post check of seven Footlongs purchased in New York found four measured only 11 or 11.5 inches. A resulting US class-action lawsuit reached a settlement requiring Subway to maintain practices ensuring its bread is at least 12 inches for four years, with ten named plaintiffs receiving $500 each. However, the Seventh Circuit Court of Appeals rejected that settlement in August 2017, calling it 'worthless' because limited discovery had actually found Subway already took steps to ensure 12-inch bread and that the minor length variability was due to normal, unpreventable baking variation -- meaning the underlying claims had little merit once properly examined, and the court held 'no class action settlement that yields zero benefits for the class should be approved.' The FTC's investigation, conducted jointly with 39 state Attorneys General, found that 8 of the 10 scientific studies Dannon relied on actually showed no statistically significant effect of Activia on digestive transit time compared to a placebo. Dannon settled with the FTC in 2011, agreeing to stop using the specific words 'clinically' and 'scientifically proven' in favor of softer language like 'clinical studies show,' and to stop claiming any cold- or flu-prevention benefit unless the FDA approved that specific message. Separately, a parallel consumer class action resulted in Dannon paying up to $45 million in damages, and the FTC settlement included a simultaneous $21 million settlement with the 39 states.
SHORT ANSWER
Subway Footlong: A viral 2013 photo and follow-up press checks found some real 'Footlong' sandwiches measuring only 11 to 11.5 inches, but a federal appeals court later found Subway's actual baking process was already designed to produce 12-inch bread, with the shortfall caused by normal, unpreventable oven variability rather than a deliberate shortchange.
Activia Yogurt: The FTC's investigation, joined by 39 state Attorneys General, found 8 of 10 studies Dannon cited for Activia's 'clinically proven' digestive claims showed no significant effect versus a placebo, resulting in a 2011 settlement and a separate $45 million consumer class-action payout.