The case comes shortly after another customer posted a photo to Facebook suggesting that his local Subway had sold him a sandwich that was an inch short.
Subway issued a statement stating that sandwich length can vary when food is not baked in the exact correct way.
The two men, from New Jersey, filed the lawsuit on Tuesday (January 22) which may be the first legal filing against Subway, reports The Huffington Post.
Lawyer for the men, Stephen DeNittis, said: "The case is about holding companies to deliver what they've promised."
DeNittis is seeking compensatory damages for the men and for Subway to change their practices.