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Home Food Receipts Subway Footlong vs Nutella

Subway Footlong VS Nutella

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.' Plaintiffs, including a mother who fed the product to her 4-year-old daughter based on the balanced-breakfast messaging, sued after discovering each serving contained 21 grams of sugar, 200 calories, and 11 grams of fat (3.5 grams saturated). Ferrero settled the resulting class action for $3 million in 2012, agreeing to pay consumers $4 per jar (up to 5 jars each), remove the 'balanced breakfast' phrase from the back label entirely, replace it with 'Turn a balanced breakfast into a tasty one,' and submit future commercials for plaintiff approval before airing.
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.

Nutella: Ferrero paid $3 million in 2012 to settle a class-action lawsuit and removed the phrase 'balanced breakfast' from Nutella's labeling after plaintiffs pointed out a single serving carries 21 grams of sugar, 200 calories, and 11 grams of fat.