Rocky road? AZ man loses lawsuit over ice cream ads - WSFA.com Montgomery Alabama news.

UPDATE

Rocky road? AZ man loses lawsuit over ice cream ads

Posted: Updated:
Gerald Morris says consumers aren't getting what they pay for when they buy ice cream from Kroger-owned grocery stores. (Source: CBS 5 News) Gerald Morris says consumers aren't getting what they pay for when they buy ice cream from Kroger-owned grocery stores. (Source: CBS 5 News)
Morris says the Fry's newspaper ads mislead the consumer by listing the wrong weight of ice cream products. Morris says the Fry's newspaper ads mislead the consumer by listing the wrong weight of ice cream products.
  • More newsMore>>

  • Family of slain USA student Gil Collar loses home in house fire

    Family of slain USA student Gil Collar loses home in house fire

    Monday, September 1 2014 10:04 AM EDT2014-09-01 14:04:13 GMT
    The family of Gil Collar, the University of South Alabama student who was shot and killed on campus in October of 2012, are picking up the pieces after losing their home in a house fire.More >>
    The family of Gil Collar, the University of South Alabama student who was shot and killed on campus in October of 2012, are picking up the pieces after losing their home in a house fire.More >>
  • Israeli children return to school after Gaza war

    Israeli children return to school after Gaza war

    Monday, September 1 2014 9:19 AM EDT2014-09-01 13:19:31 GMT
    Thousands of Israeli children in areas near the Gaza Strip went back to school Monday after spending the summer in bomb shelters as rockets and mortars rained on their communities during the 50-day Israel-Hamas...More >>
    Thousands of Israeli children in areas near the Gaza Strip went back to school Monday after spending the summer in bomb shelters as rockets and mortars rained on their communities during the 50-day Israel-Hamas war, while...More >>
  • Casting call held in Opelika

    Casting call held in Opelika

    Monday, September 1 2014 9:09 AM EDT2014-09-01 13:09:25 GMT
    Opelikans of all ages came out to audition for the movie "White Water" on Sunday.           "I've been acting at a lot at school and home and at my church too. Really getting ready for things I wouldMore >>
    Opelikans of all ages came out to audition for the movie "White Water" on Sunday.           "I've been acting at a lot at school and home and at my church too. Really getting ready for things I wouldMore >>
TUCSON, AZ (CBS5) -

An Arizona man has lost his lawsuit against one of the nation's largest grocery store chains.

Gerald Morris, 71, accused Fry's Food Stores and its parent company Kroger of 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.

But a small claims court judge in Tucson decided Thursday, that Morris had not proven his case and ruled in favor of Fry's Food Stores.

Morris had saved more than a dozen newspaper ads, that he claimed, listed 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 stemmed from Morris' inability to accept the difference between a fluid ounce and a dry ounce.

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

Morris had asked 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 was hoping to win the case and pave the way for millions of other ice cream customers across the country to receive compensation, as well.

But that did not happen.

Morris told CBS5 that he is not giving up the fight and is considering filing another lawsuit, this time in Superior Court.

Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

Powered by WorldNow