Buren's analogy is very appropriate. Subway falsely claimed to be selling something they weren't, just as it would be false advertising if 11 eggs were marketed as a dozen. The lawsuit is a positive step towards holding producers accountable for the truthfulness of their advertising.
Although Buren probably didn't file this suit with honorable intentions, it is a case that brings up a major issue of accountability. Regardless of the product or how long they have gotten away with misleading marketing, false advertising is false advertising. What the customer is paying for is 12 inches what they are getting is 11, regardless that others try to dispute the term "footlong" as a figurative measurement. Buren claimed Subway had gotten away with years of a “pattern of fraudulent, deceptive and otherwise improper advertising, sales and marketing practices,”. It will be interesting how Subway responds in advertising and in products as this case progresses.
Zimmerman's words are witty and made me smile, but I think they also make one think deeper about the Subway lawsuit. On one hand, I am reminded through this quote of the sometimes frustrating fact that the American court system concentrates so much of its time and effort on small details of the laws rather than the big picture. But on the other hand, one could look at this quote and tell just how much American consumers care about the trust put in their producers, and how they will stand up for their right to truthful and fair advertising.
Given that producer accountability and consumer confidence are such important issues, I wish that this suit was brought on by a more consequential product. What is he going to sue for? An inch of bread? Hopefully this doesn't set a bad precedent that supports poorly made cars and appliances.