Does size really matter? It does when it comes to your sandwich: Two men sue 'Subway' over size of their 'Footlong'

Company initially issued a statement saying that the sandwich lengths can vary a bit when franchises do not bake to the exact standard

The men, John Farley, of Evesham and Charles Noah Pendrack, of Ocean City, are taking legal action in order to claim compensation and try to bring about a change in Subway's practices. (GETTY IMAGES)

It's often said that size doesn't matter, but apparently that's not the case when it comes to Subway sandwiches.

Two New Jersey men are set to sue the sandwich maker after they claimed the fast-food company shorted them on their 'footlong' sandwiches.

The men, John Farley, of Evesham and Charles Noah Pendrack, of Ocean City, are taking legal action in order to claim compensation and try to bring about a change in Subway's practices.

The New York Post reported yesterday that the attorney for the two men Stephen DeNittis carried out a test on 17 of the company's 'footlong' sandwiches and found that each one was less that a foot long.

The suit, filed earlier this week in Mount Holly, follows embarrassment for the company last week when someone posted a picture of a footlong on the company's Facebook page showing the sandwich was not as long as advertised.

At the time of the first complaint, the company issued a statement saying that the sandwich lengths can vary a bit when franchises do not bake to the exact standard.

The company has since removed the statement, after the Buzzfeed website pointed out it was incompatible with the fast-food company's earlier advertising.

In the statement Subway also claimed that a footlong sub wasn't necessarily meant to be exactly a foot long in the first place: "With regards to the size of the bread and calling it a footlong, "SUBWAY FOOTLONG" is a registered trademark as a descriptive name for the sub sold in Subway® Restaurants and not intended to be a measurement of length."

"The length of the bread baked in the restaurant cannot be assured each and every time as the proofing process may vary slightly each time in the restaurant."

The explanation was slammed by Stephen DeNittis, the lawyer for the plaintiffs, who said the missing bite is worth 45 cents per sandwich: "The case is about holding companies to deliver what they've promised," he said.

The company said in a statement issued earlier this week: "For 47 years, customer satisfaction has been our top priority. We regret any instance where we did not fully deliver on our promise to our customers," the company said.

"Our commitment remains steadfast to ensure that every Subway Footlong sandwich is 12 inches at each location worldwide."

Subway has 38,000 stores around the world, nearly all owned by franchisees, and the footlong sandwich has been a mainstay of the company's advertising for many years.

Stephen DeNittis argues that the missing half-inch of sandwich adds up over time: "It would be like cereal company promising a net weight and giving less for the price," DeNittis said. "It doesn't sound like a big deal to every person, but it adds up at the bottom line."

DeNittis argues that customers could be losing out on around 40 to 60 cents per sandwich, which he claims could translate to $50-$60 a year to regular customers.

Following the initial Facebook postings lookalike pictures appeared all over the internet and over 100,000 people 'liked' or commented on the original, which ran on the site with the caption 'Subway pls respond.'