Subway Footlong VS Naked Juice
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 consolidated class-action lawsuit in California alleged the products contained added synthetic vitamins and other ingredients inconsistent with the 'all natural' and 'non-GMO' labeling, including genetically altered soy in some varieties. PepsiCo settled in 2013 for $9 million while continuing to deny the labels were misleading or false, agreeing to redesign labels to eliminate or modify the specific claims at issue and to stop describing the juices as 'all natural' going forward. Consumers who purchased the products between September 27, 2007, and August 19, 2013, could claim up to $75 with proof of purchase or $45 without.
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.
Naked Juice: PepsiCo paid $9 million in 2013 to settle a class-action lawsuit alleging Naked Juice products labeled 'all natural' and 'non-GMO' actually contained genetically altered soy and added synthetic ingredients, and agreed to stop using the 'all natural' claim.