Subway Footlong VS Kashi Cereal
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.' A class-action lawsuit filed in US District Court for the Southern District of California identified a range of synthetic and artificial ingredients present in products carrying the 'All Natural' or 'Nothing Artificial' label, including pyridoxine hydrochloride, calcium pantothenate, hexane-processed soy ingredients, ascorbic acid, glycerin, and sodium phosphate. Kellogg settled the suit for $5 million in 2014, agreeing to drop the 'All Natural' and 'Nothing Artificial' claims from the affected products and to reformulate or relabel them nationally, with California purchasers eligible for $0.50 per product with proof of purchase.
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.
Kashi Cereal: Kellogg paid $5 million in 2014 to settle a class-action lawsuit and agreed to drop 'All Natural' and 'Nothing Artificial' labeling from Kashi products after plaintiffs identified specific synthetic ingredients, including pyridoxine hydrochloride and hexane-processed soy, actually present in them.