How Jared Fogle's sex scandal could come back to bite Subway

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Lawyer: Former Subway Franchisee Alerted Feds To Jared Fogle's Activities

With his decision to plead guilty to child pornography charges and having sex with minors, former Subway spokesman Jared Fogle has brought a new wave of negative publicity to the sandwich chain.

Subway is now getting skewered in the media, particularly in the wake of accusations by former franchisee Cindy Mills, who claimed that she alerted then-CEO of the Subway Franchisee Advertising Fund Trust in 2008 that Fogle told her he'd paid for sex with minors. With new questions surrounding what the company knew, TheWrap spoke with several experts about what kinds of repercussions Subway could face.

Michael Bilello, founder of PR, marketing and crisis management firm Centurion Strategies, believes that if Subway doesn't handle the situation properly, it could hurt the company in the long run.

"They need to work very hard right now to maintain a family-friendly brand reputation, because with competition from Chipotle and Chick-Fil-A, this could really damage their business," Bilello said.

Notable moments from the Jared Fogle scandal:

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Jared Fogle scandal
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How Jared Fogle's sex scandal could come back to bite Subway
Former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis, Thursday, Nov. 19, 2015. Fogle is due to formally plead guilty and be sentenced on charges of trading child pornography and paying for sex with minors. (AP Photo/Michael Conroy)
Former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis, Thursday, Nov. 19, 2015. Fogle is due to formally plead guilty and be sentenced on charges of trading child pornography and paying for sex with minors. (AP Photo/Michael Conroy)
Former Subway pitchman Jared Fogle leaves the Federal Courthouse in Indianapolis, Wednesday, Aug. 19, 2015 following a hearing on child-pornography charges. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade. (AP Photo/Michael Conroy)
Former Subway pitchman Jared Fogle leaves the Federal Courthouse in Indianapolis, Wednesday, Aug. 19, 2015 following a hearing on child-pornography charges. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade. (AP Photo/Michael Conroy)
INDIANAPOLIS, IN - AUGUST 19: Senior Litigation Counsel, Steven DeBrota, explains the charges against Subway Pitchman, Jared Fogle, during a press conference on August 19, 2015 at the United States Attorneys Office in Indianapolis, Indiana. Fogle was part of a Federal Investigation which included a raid of his home in July 2015. (Photo by Ron Hoskins/Getty Images)
Former Subway pitchman Jared Fogle leaves the Federal Courthouse in Indianapolis, Wednesday, Aug. 19, 2015 following a hearing on child-pornography charges. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade. (AP Photo/AJ Mast)
INDIANAPOLIS, IN - AUGUST 19: Jared Fogle (R) gets into a car in front of the courthouse on August 19, 2015 in Indianapolis, Indiana. Fogle was part of a Federal Investigation which included a raid of his home in July 2015. (Photo by Joey Foley/Getty Images)
US Attorney Josh Minkler, center, Indianapolis Police chief Richard Hite, left, and Assistant US Attorney Steven D. DeBrota discuss the child pornography case against former Subway restaurant spokesman Jared Fogle following his hearing in Indianapolis, Wednesday, Aug. 19, 2015. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade. (AP Photo/Michael Conroy)
Subway restaurant spokesman Jared Fogle walks to a waiting car as he leaves his home, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. FBI Special agent Wendy Osborne said that the FBI was conducting an investigation in the Zionsville area but wouldn't confirm it involved Fogle. (AP Photo/Michael Conroy)
Subway restaurant spokesman Jared Fogle walks to a waiting car as he leaves his home Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. FBI Special agent Wendy Osborne said Tuesday that the FBI was conducting an investigation in the Zionsville area but wouldn't confirm it involved Fogle. (AP Photo/Michael Conroy)
Federal authorities walk out of the home of Subway restaurant spokesman Jared Fogle, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. FBI Special agent Wendy Osborne said Tuesday that the FBI was conducting an investigation in the Zionsville area but wouldn't confirm it involved Fogle. (AP Photo/Michael Conroy)
Federal authorities walk outside of the home of Subway restaurant spokesman Jared Fogle, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. (AP Photo/Michael Conroy)
Federal authorities walk outside of the home of Subway restaurant spokesman Jared Fogle, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. (AP Photo/Michael Conroy)
Subway restaurant spokesman Jared Fogle walks to a waiting car as he leaves his home Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. FBI Special agent Wendy Osborne said Tuesday that the FBI was conducting an investigation in the Zionsville area but wouldn't confirm it involved Fogle. (AP Photo/Michael Conroy)
Federal authorities walk outside of the home of Subway restaurant spokesman Jared Fogle, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. (AP Photo/Michael Conroy)
Federal authorities walk outside of the home of Subway restaurant spokesman Jared Fogle, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. (AP Photo/Michael Conroy)
Subway restaurant spokesman Jared Fogle walks to a waiting car as he leaves his home Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. FBI Special agent Wendy Osborne said Tuesday that the FBI was conducting an investigation in the Zionsville area but wouldn't confirm it involved Fogle. (AP Photo/Darron Cummings)
Federal authorities walk outside of the home of Subway restaurant spokesman Jared Fogle, Tuesday, July 7, 2015, in Zionsville, Ind. FBI agents and Indiana State Police have removed electronics from the property. (AP Photo/Michael Conroy)
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Bilello noted that Subway is in a particularly delicate situation. In addition to navigating a potential PR disaster, the fast-food giant is especially vulnerable from a financial perspective, thanks to increased competition from rival chains.

According to reports, even prior to the Fogle scandal, Subway shed 3.3 percent of its sales in 2014 compared to the previous year, the biggest loss across the chain-restaurant industry last year.

Comforting a public that's hungry for reassurance on the matter will require a multi-pronged effort on Subway's part, Bilello cautioned. First, he said, "They need to issue a statement detailing an actual plan" to deal with the situation.

Bilello suggested that the company conduct corporate training to assure that future external and internal complaints of sexual abuse and harassment are handled seriously, and to detail to the public what that plan is.

Photos of Jared Fogle from over the years:

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Jared Fogle the Subway guy through the years
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How Jared Fogle's sex scandal could come back to bite Subway
Subway pitchman Jared Fogle shows off his old pants to students at Mary E. Bryant Elementary School in Tampa, Fla., Friday, Oct. 31, 2003. Fogle is better known as "Jared the Subway Guy," famous because he lost 245 pounds a few years ago by eating Subway subs and not much else. Fogle spoke to the students nutrition. (AP Photo/David Kadlubowski)
In this photograph taken by AP Images for SUBWAY - Celebrity chef Robert Irvine, left, challenges "The Subway Guy" Jared Fogle to build the most flavorful breakfast sandwich during the SUBWAY "Better Breakfast Battle," Thursday, May 26, 2011, in New York. (Diane Bondareff/AP Images for SUBWAY)
In this photo taken by AP Images for SUBWAY, Houston football star Arian Foster, right, and Jared Fogle, "the SUBWAY guy," are seen eating SUBWAY sandwiches at the SUBWAY All-Star BBQ on Wednesday, July 13, 2011, in Los Angeles. The event marked the launch of the sandwich chain's BBQ Pulled Pork sub and helped raise funds for victims of recent disasters in western Alabama, one of the original homes of BBQ. (Casey Rodgers/AP Images for SUBWAY)
In this photo taken by AP Images for SUBWAY Restaurants, former Alabama football star Tyrone Protho, right, and Jared Fogle, left, "the SUBWAY guy" present a $10,000 donation to Henry Lipsey of the West Alabama Food Bank at the SUBWAY restaurant in Tuscaloosa, AL, on Wednesday, Aug. 10, 2011. The chain recently introduced a new BBQ Pulled Pork sub, and the funds will help feed victims of tornadoes in the region, one of the original homes of BBQ. (Gary Tramontina/ AP Images for SUBWAY Restaurants)
Jared "the SUBWAY guy" coach the National Little League Appreciation Game for the Challenger Division as they launch the national "Buddy Badge" program on Wednesday, June 27, 2012 in Los Angeles, Calif. (Photo by Joe Kohen/Invision for Subway/AP Images)
Jared "The SUBWAY Guy" Fogle makes sandwiches at a SUBWAY cafe at the Navy Exchange, Saturday, Nov. 10, 2012 in Bethesda, Md. (Photo by Nick Wass/Invision for SUBWAY/AP Images)
Denise Austin, left, and Jared "The SUBWAY Guy" Fogle, right, flex for the camera at the Navy Exchange, Saturday, Nov. 10, 2012 in Bethesda, Md. (Photo by Nick Wass/Invision for SUBWAY/AP Images)
Puerto Rico and Chicago White Sox outfielder Alex Rios teams up with Jared the SUBWAY Guy to surprise customers with free SUBWAY sandwiches prior to the World Baseball Classic final, on Tuesday, March 19, 2013 in San Francisco. (Photo by George Nikitin/Invision for Subway/AP Images)
In this May 28, 2014 photo, Subway restaurant spokesman Jared Fogle arrives at the world premiere of "Maleficent" at the El Capitan Theatre in Los Angeles. FBI agents and Indiana State Police raided Fogle's Zionsville, Ind. home on Tuesday, July 7, 2015, removing electronics from the property and searching the house with a police dog. (Photo by Matt Sayles/Invision/AP)
Mel B, right, "America's Got Talent" judge and former Spice Girl, poses with Jared Fogle "The SUBWAY Guy"backstage at the "Project SUBWAY" fashion show during New York Fashion Week, Wednesday, Sept. 11, 2013, as part of SUBWAY Restaurants' SUBtember celebration. (Photo by Diane Bondareff/Invision for Subway Restaurants/AP Images)
A sandwich artist poses for a photo with Jared 'The Subway Guy' Fogle during SUBWAY March Madness, on Saturday, April 4, 2014 in Dallas. (Photo by Matt Strasen/Invision for SUBWAY/AP Images)
Former New England Patriots Running Back Kevin Faulk and Jared "€œThe SUBWAY Guy" take a selfie with a football fan at a SUBWAY pre-game tailgate featuring sandwiches the new premium cut, all white meat Grilled Chicken Strips, outside Gillette Stadium prior to the Conference Championship in Foxborough, MA on Sunday, January 18, 2015, prior to the Conference Championship game. (Photo by Marc Andrew Deley/Invision for SUBWAY Restaurants/AP Images)
Jared "€œThe SUBWAY Guy" Fogle, right, and a fan pose with #WhereSuperHeroesEat 3D street art in celebration of SUBWAY Restaurants€™ partnership with the upcoming Marvel movie "Avengers: Age of Ultron"€ on Monday, April 13, 2015 in Los Angeles. (Photo by Matt Sayles/Invision for SUBWAY Restaurants/AP Images)
Olympic gold medalist swimmer Michael Phelps NFL player Michael Crabtree, spokesman for Subway Jared Fogle and NBA player Blake Griffin arrive at the 2009 ESPY Awards held at Nokia Theatre LA Live on July 15, 2009 in Los Angeles, California. The 17th annual ESPYs will air on Sunday, July 19 at 9PM ET on ESPN. (Photo by Kevork Djansezian/Getty Images for ESPY)
Jared 'The SUBWAY Guy' Fogle attends Go Red For Women The Heart Truth Red Dress Collection fashion show during Mercedes-Benz Fashion Week at The Theatre at Lincoln Center on February 6, 2014 in New York City. (Photo by Astrid Stawiarz/Getty Images)
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Bilello also suggested that the company take steps to support sexual abuse victims.

"I would suggest that they make a donation to a charity that supports sexually abused children," he said.

But not everyone believes that Subway has as steep a climb to survive the scandal.

"I don't think that it's a close enough association with the brand and the image of the brand that it will have a significant impact on their business," Marlene Morris Towns, professor of marketing at Georgetown University's McDonough School of Business told TheWrap.

Towns noted that Fogle's association with Subway had been lessened since 2008, when the company introduced its $5 Footlong campaign, and that "I don't know that the same responsibility is there as if he were a Subway employee."

Subway ended its 15-year relationship with Fogle after police and the FBI raided his home in July. On August 18, the company posted a statement on its Twitter feed saying it was done with Fogle. "We no longer have a relationship with Jared and have no further comment."

However, former franchisee Mills' most recent accusations, Towns said, are a problem. "I think that it probably does leave somewhat of a bad taste in people's mouths with regard to Subway, no pun intended," she added

Crisis communications expert Jeff Eller told TheWrap that Subway acted quickly and decisively enough in severing ties with Fogle to put the company in the clear.

"They moved quickly, they moved with decisiveness, which you need to do in one of these types of situations, and now they've turned the page and moved on to the next chapter," Eller asserted.

Eller added that the fact that Subway hasn't put all of its marketing eggs in the Jared Fogle basket in recent years is a bonus.

"They've broadened. Over the past couple of years in particular, they've broadened their appeal," Eller said.

Still, Eller noted, Subway will need to monitor coverage of the scandals and sales, and react quickly if necessary.

"There's a short game and a long game. The long game is to continue to make quality products, which they do," Eller said. "The short game is that you continue to monitor your metrics pretty closely here over the next quarter and adjust both your marketing campaign and how you deal with reporters accordingly... If nothing else happens, I personally think they'll be fine."

Read original story How Jared Fogle's Sex Scandal Could Come Back to Bite Subway At TheWrap

Related - Jared Fogle's wife filing for divorce:
Jared Fogle's Wife, Katie Fogle, Is Filing For Divorce

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