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Days after two men filed a lawsuit contending Subway was skimping on its footlong sandwich size, the company said it regrets “any instance where we did not fully deliver on our promise to our customers”.

Subway will “ensure that every SUBWAY® Footlong sandwich is 12 inches at each location worldwide”, according to a statement released by the company.

Subway also told Eater.com it has “redoubled our efforts to ensure consistency and correct length in every sandwich we serve”.

The news comes as two New Jersey men sue the company for selling so-called footlong sandwiches that are closer to 11 inches in length rather than 12. John Farley, of Evesham, and Charles Noah Pendrack, of Ocean City – want compensatory damages and a change in Subway’s practices.

The suit, filed in Superior Court in Mount Holly, may be the first aimed at the sandwich shops after an embarrassment went viral last week when someone posted a photo of a footlong and a ruler on the company’s Facebook page to show that the sandwich was not as long as advertised.

At the time, the company issued a statement saying that sandwich lengths can vary a bit when franchises do not bake to the exact corporate standards.

But Stephen DeNittis, the lawyer for the plaintiffs, says that’s no excuse and the missing bite is worth about 45 cents per sandwich. He is seeking class-action status and is also preparing to file a similar suit in Pennsylvania state court in Philadelphia.

Stephen DeNittis said he’s had sandwiches from 17 shops measured – and every one came up short.

“The case is about holding companies to deliver what they’ve promised,” he said.

Even though the alleged short of a half-inch or so of bread is relatively small, it adds up, he said.

Subway promises a real Footlong sandwich after investigation revealed product came up short

Subway promises a real Footlong sandwich after investigation revealed product came up short

Subway has 38,000 stores around the world, nearly all owned by franchisees and its $5 footlong specials have been a mainstay of the company’s ads for five years.

Stephen DeNittis said both John Farley and Charles Noah Pendrack came to him after reading last week about the short sandwiches.

Subway should either make sure its sandwiches measure a full foot or stop advertising them as such, he said.

He points to how McDonald’s quarter-pounders are advertised as being that weight before they are cooked.

Subway said it couldn’t comment on pending or ongoing legal action but the company responded to international criticism that their footlong sandwiches only appear to be 11 inches long shortly after the controversy arose.

But their reply didn’t win them any new fans, as they claimed that the word footlong is a “registered trademark as a descriptive name for the sub’ and ‘not intended to be a measurement of length”.

A man in Australia started uproar on January 15 when he posted a photo on the company’s Facebook page of one of its footlong subs next to a tape measure showing the sandwich as just 11 inches.

Countless lookalike pictures appeared all over the Internet and more than 100,000 people “liked” or commented on the original, which had the caption “Subway pls respond”.

Subway, the world’s largest fast food chain, did so with a comment on the original query, posted by Matt Corby from Perth, Australia.

The statement began: “Looking at the photo doing the rounds showing a slightly undersized sub, this bread is not baked to our standards.”

Then Subway went on the offensive, claiming 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.”

Subway have since removed the statement but, as Buzzfeed pointed out, this was at odds with previous Subway advertising.

The company has suggested in past promotional material that the footlong sub will measure a foot in length, such as a popular 2008 “Hula” advert.

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Katie Holmes has cottoned onto the craze, jumping on the same bandwagon as Jessica Alba and Jay-Z, and even Rihanna who sampled the London Underground.

Katie Holmes was seen riding the New York subway on Wednesday, going incognito with her hair scraped back into a ponytail, opting to go make-up free beneath large sunglasses.

She also seemed to be prepping for winter, wearing a knitted cream sweater and dark blue jeans, carrying an oversized leather bag and the signature pose of a commuter – keeping her head buried

Using public transport is a stark change from her former life as a Cruise, when she relied not only on chauffeur-driven cars, but also on exclusive A-list travel methods of helicopter ferrying.

Katie Holmes rides the subway

Katie Holmes rides the subway

It’s almost as if Katie Holmes’ ride on the subway was a metaphorical two fingers up at ex-husband Tom Cruise.

On Tuesday, Katie Holmes was seen with daughter Suri, arriving home from school by foot instead of a lift from a personal driver.

The six-year-old started at the elite Avenues school in New York last month.

 

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Paul Browne, a man who was suspected of groping a teenage girl and another woman in a subway station was shot in buttocks by an off-duty officer on the train platform when he tried to run away.

The incident happened in Harlem, New York, at the 125th Street station in front of dozens of horrified passengers.

According to police, the mother of a teenage girl yelled for officers at about 12:30 p.m. in the station.

The off-duty transit officer, who happened to be nearby, came to the woman’s aid.

Another woman also told the officer she was groped by the same man, nbcnewyork.com reports.

The mother called 911 from a pay phone inside the train station after the officer told her to call for backup.

There were shouts of “police – get down” before one shot was fired, witnesses said.

Paul Browne was hit once in the buttocks and was in a stable condition in hospital Friday afternoon.

Witness Orbit Clanton said: “He had the suspect face down, facing north. And when the trains entered the station, what happened was the suspect tried in an aggressive move to get up.”

Police said that in the preliminary stages of their investigation it was unclear whether the officer fired the gun or if it went off in the struggle with the suspect.

A knife was found on the tracks nearby but it was not clear whether the knife was part of the interaction between the officer and Paul Browne, the department’s chief spokesman, said.

The incident resulted in delays on four subway lines afterwards.

There were residual subway delays Friday evening along the A, B, C and D lines.

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