McLaughlin issued the lawsuit against Subway yesterday. Fogle’s ex-wife claims Subway had known Fogle was a pedophile since 2004 and yet did nothing to stop him or contact authorities. The suit claims a franchisee contacted Subway CEO Jeff Moody in 2008 and told him Fogle told her he”really likes them young”. It is further alleged Moody told the woman he did not want to hear anymore and that Fogle had met someone (McLaughlin) and “she will keep him grounded.” Moody also allegedly told the franchisee he had had similar complaints about Fogle in the past.
NBC reports Subway was told about Fogle’s sexual interest in children on three separate occasions and yet did nothing to try and stop him. On two occasions, the company sent people from the PR department to talk to the pitchman. The claim further alleges Subway admitted they should have called police after the third notification of Fogle’s propensities but did not do so.
McLaughlin claims the company put profits ahead of Fogle’s conduct. She also asserts she never would have married the former pitchman in 2010 if she had known he was a pedophile. Although the lawsuit does not name a dollar amount, Fogle’s ex-wife is suing for emotional distress she and her children are suffering from as a result of Fogle’s conduct, arrest and imprisonment.
Fogle was arrested in July 2015 after police raided his home. In November of that year he pleaded guilty to one count of sexual conduct with a minor and one count of distributing and receiving child pornography. Despite a plea bargain that saw the prosecutor ask for a 12 and a half year sentence, Judge Tanya Walton Pratt sentenced him to 15 years and eight months in prison. She also fined Fogle $175,000 and ordered he be supervised for the rest of his life. He is currently serving his sentence in a penitentiary in Colorado.
McLaughlin is also suing Subway on the grounds the company used the photographs of her and her children in their promotional material without their consent. She claims Subway used their pictures to portray Fogle as a good family man.
Writing in Law Newz, Chris White opines there is merit in the appropriation of the images of family members. All McLaughlin has to show is her images and those of her children were used by Subway without their consent. But there is little chance of the rest of the claim succeeding. White claims there is nothing in the lawsuit that shows Fogle’s family has suffered any measurable damages. The author refers to the allegation that somehow it is Subway’s fault she married Fogle as “a stretch.” Despite the fact the allegations sound horrible, there is nothing in the claim to indicate McLaughlin suffered any measurable damages.
As the matter is before the courts, Subway is refusing to comment.
