A recent York woman is suing Subway, claiming the corporation falsely advertised its steak and cheese sandwich, making it appear that the sandwich has more meat than it is sold with.

The class action lawsuit was filed Monday in the United States District Court for the Eastern District of recent York. 

In the lawsuit, a Brooklyn customer named Anna Tollison claimed Subway “uses photographs in its advertisements that make it appear that the Steak & Cheese sandwich contains at least 200% more meat than the actual sandwiches that customers receive.”

Tollison also referred to other customers who have complained online about the amount of steak on the sandwich and said Subway has misled customers about other products such as the Cheesy Garlic Steak.

Tollison claimed in the lawsuit that Subway is costing consumers money because customers pay for food that is “materially lower in worth than what is being represented.”

She also argued that Subway’s practices are even more concerning because due to worth rise, many people are struggling financially to afford food and other necessities.

According to court documents, thousands of people may have been impacted by the advertisements.

Subway did not immediately respond to requests for comment Thursday morning but this isn’t the first period they’ve been sued for untrue advertising.

In January 2021, two California residents filed a lawsuit and claimed the corporation violated federal and state laws against untrue advertising by calling the ingredients in its sandwiches tuna.

Subway denied the allegations at the period.

“There simply is no truth to the allegations in the complaint that was filed in California,” the corporation said in a statement about the tuna lawsuit. “Subway delivers 100% cooked tuna to its restaurants, which is mixed with mayonnaise and used in freshly made sandwiches, wraps and salads that are served to and enjoyed by our guests.”

The tuna lawsuit was dismissed in July 2023, reported Reuters.

How the latest Subway lawsuit began

According to Tollison, she bought one of Subway’s Steak & Cheese sandwiches on Aug. 23 from a store in Jamaica, recent York. She paid $6.99 plus levy after seeing an advertisement for the sandwich on the corporation’s mobile app.

When she picked the sandwich up and started to eat it, she noticed there was “barely any steak in the sandwich,” the lawsuit read.

“If (she) knew that the Steak & Cheese sandwich contained substantially less than the amount of meat as advertised, she would not have purchased said sandwich,” said the lawsuit.

Her lawyer, Anthony Russo of the Russo Firm, said the firm has already heard from other people with complaints. The corporation has worked with those suing restaurants such as McDonald’s, Wendy’s, Burger King, and others. He said cases such as these can be challenging to prove.

“A lot of them get dismissed,” he told USA TODAY Thursday afternoon. 

Russo said the difference between the Steak & Cheese sandwich advertisements and what customers received is “much more egregious than any other” he has seen.

If the Subway Steak & Cheese lawsuit makes it history the motion to dismiss, the next large step will require the firm to provide people who have been impacted period to arrive forward. Once that happens, a judge will decide whether there is enough evidence for class certification, moving the lawsuit forward.

Russo said the primary answer for cases such as these is for the corporation to stop doing what it’s doing, or as the plaintiffs claim, to stop falsely advertising the Steak & Cheese sub.

“The other part of it is money,” Russo said. “If you were misrepresented or cheated out of a $5 item, your only recourse would be to get back the money for that item.”

They could also be responsible for paying Russo’s throng for the period they put into the lawsuit, he said. 

Contributing: Jayme Deerwester, USA TODAY

Saleen Martin is a reporter on USA TODAY’s NOW throng. She is from Norfolk, Virginia – the 757. pursue her on Twitter at@SaleenMartin or email her at[email protected].