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Grocery chain sued over ice cream ads

By By Jason Barry
Published On: Jan 27 2014 06:54:38 AM AKST
Updated On: Jan 28 2014 05:25:28 AM AKST
Kroger sued over ice cream

KPHO

Tucson (KPHO) -

You'd like to think when you go to the grocery store, you get what you pay for.

But an Arizona man claims he's getting ripped off when he buys ice cream and thinks others may be getting short changed, as well.

Gerald Morris, 71, recently filed a lawsuit against Fry's Food Stores and its parent company, Kroger.

The lawsuit states that the food chain has been misleading customers by posting deceptive ice cream ads.

"Every person that's bought ice cream in the last year, that I know of, has been cheated out of 40 percent of their purchase," said Morris.

Morris has saved more than a dozen newspaper ads that he claims list the wrong weight of Kroger ice cream products, resulting in thousands of ice cream shoppers not getting what they paid for.

"They advertise it to be 48 ounces of ice cream," said Morris. "It contains 38, 37, 29, or 26 ounces, depending on what flavor you get."

CBS5 spoke to Fry's Food Stores Vice President Kyle McKay.

"We are ... and have been in compliance with the law, in terms of advertising, labels and weights and measures," McKay said. "This is the only complaint we've ever received about this issue."

McKay said that the entire lawsuit stems from Morris' inability to accept the difference between a fluid ounce and a dry ounce.

Morris said that he is looking forward to his day in court.

"You buy 100 percent, pay for 100 percent and you get 60 percent," said Morris. "That's ridiculous."

Since the case was filed in small claims court there will be no attorneys, and Morris can only ask for $2,500 to pay for court costs and reimburse him for the ice cream he's bought in the past year.

The Arizona man is hoping, if he wins, it will pave the way for millions of other ice cream customers across the country to receive compensation, as well.