A New Jersey man is suing sandwich giant Subway claiming the "$5 Footlong" subs don't measure up.

Jason Leslie filed his federal class action lawsuit after reading news reports that revealed that the sandwiches sometimes come up short.  “The sandwiches are anywhere between a half-inch to an inch shorter . . . I feel cheated,” said Leslie.

Leslie's attorneys estimate that 25 percent of the company's revenues come from selling the Footlong subs, totaling $2.85 billion a year. The suit alleges that roughly 5 percent of that (or $142.5 million) represents "unfair and deceptive revenue."

“Plain and simple, the advertising is deceptive,” said Jerry Marks, founding partner of Red Bank, NJ, law firm Marks & Klein, which is representing Leslie.

This is the second lawsuit filed in the last two months to allege deceptive marketing by Subway. A state suit was filed by New Jersey attorney Stephen DeNittis.  News reports indicate DeNittis hired an investigator to measure sandwiches at 17 Subways near his office and found that all measured less than 12 inches.

Subway counters that each Footlong loaf is formed from exactly the same weight of dough but the inconsistencies of kneading, rising, shaping and proofing entail that on occasion some loaves fail to measure up. A Subway spokesman said in a statement, “We have redoubled our efforts to ensure consistency and correct length in every sandwich we serve. Our commitment remains steadfast to ensure that every Subway Footlong sandwich is 12 inches.”

—Sources: Forbes.com and NYPost.com