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Subway warned in 2008

Concerns about Fogle surfaced

NEW YORK — A former franchisee alerted an executive in charge of Subway’s advertising in 2008 about her concerns about pitchman Jared Fogle, according to her lawyer.

Cindy Mills exchanged phone numbers with Fogle after they met at an event, said Robert Beasley, a lawyer in Florida who represents Mills. After Fogle began talking about paying for sex with minors, the lawyer said Mills alerted a regional Subway contact in Florida where her stores were based.

Later, he said Mills alerted Jeff Moody, who was in charge of the Subway Franchisee Advertising Fund Trust, which handles the company’s marketing. At the time, Subway’s franchise advertising fund was controlled by franchisees, said Don Sniegowski, editor of Blue MauMau, a site for franchisees. Subway had little say in the fund, but gained control of it in 2010 after a lawsuit, he said.

Subway did not respond to a request for comment late Thursday. The company has said it does not have a record of the complaints about Fogle by the former franchisee, which were previously reported by Business Insider. The publication initially kept Mills’ identity anonymous at her request, but identified her on Thursday. It also identified Moody as the Subway executive she alerted.

Beasley said Mills became comfortable about coming forward after Fogle agreed Aug. 19 to plead guilty to allegations that he paid for sex with girls as young as 16 and received child porn. Mills was not immediately available for comment Thursday.

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