Grocery chain sued for alleged misleading ice cream ads

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Gerald Morris (photo from KPHO via CNN)

An Arizona man claims customers who buy ice cream from a nationally-known grocery chain are getting ripped off.

Gerald Morris, 71, of Tucson, recently filed a lawsuit in small claims court against Fry’s Food Stores and its parent company, Kroger.

The lawsuit claims that the food chain has been misleading customers by posting deceptive ice cream ads according to KPHO. 

“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 says he has saved more than a dozen newspaper circulars that advertise 48-ounce containers of ice cream.  He says that’s not what customers get in the store.

“It contains 38, 37, 29, or 26 ounces, depending on what flavor you get,” Morris said.

A representative of the store chain said Morris’ is the only complaint they’ve ever received about ice cream ads.  The rep claims Morris doesn’t understand the difference between a fluid ounce and a dry ounce.

“We are, and have been in compliance with the law, in terms of advertising, labels and weights and measures,” said Fry’s Food Stores Vice President Kyle McKay.

Morris said that he is looking forward to his day in court.  He says it comes down to making sure the customers get what they pay for.  His action is a small claim, so there are no attorneys and he’s limited to asking for $2,500 for court costs and reimbursement for his ice cream purchases.

“You buy 100 percent, pay for 100 percent and you get 60 percent,” said Morris. “That’s ridiculous.”


    • Cyndi Wheeler

      Otherwise that would be a nearly 3-lb container
      and we know it isn’t that. I’m sorry this was published since it makes jokes toward an elderly and confused person.

  • Shawn Rentfro

    So who is right? Do fluid ounces shrink (weigh less) when frozen? I think the product should weigh 48 ounces (after it’s frozen) if that’s what they are advertising.

  • Holly

    Then why not just state the correct label weight in the ad, people? Why state a sale price of 48-ounces in the ad? If it’s 26, 29, 37, 38 ounces, state that. Good for him for fighting for truth in advertising.

  • RMER

    The POINT here is the advertisement states ONE WEIGHT and the package states another! That is the 100% point! Therefore, a customer not understanding weights or just bad at math etc. wouldn’t even KNOW THAT! YOU GO MORRIS! GET EM! Why not just put the direct weight on the package same as advertisement!

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