Rocky road? AZ man loses lawsuit over ice cream ads - WDAM-TV 7-News, Weather, Sports-Hattiesburg, MS

UPDATE

Rocky road? AZ man loses lawsuit over ice cream ads

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.
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.

  • Local NewsLOCALMore>>

  • With death rate up, US life expectancy is likely down again

    With death rate up, US life expectancy is likely down again

    Wednesday, May 23 2018 3:34 PM EDT2018-05-23 19:34:48 GMT
    Sunday, May 27 2018 9:05 AM EDT2018-05-27 13:05:56 GMT
    (Dave Kettering/Telegraph Herald via AP). FILE - In this Aug. 9, 2017 file photo, workers dig a new grave at a church cemetery in New Vienna, Iowa. Preliminary data released on Wednesday, May 23, 2018 shows U.S. death rates rose again last year, indica...(Dave Kettering/Telegraph Herald via AP). FILE - In this Aug. 9, 2017 file photo, workers dig a new grave at a church cemetery in New Vienna, Iowa. Preliminary data released on Wednesday, May 23, 2018 shows U.S. death rates rose again last year, indica...
    Preliminary data shows U.S. death rates rose again last year, indicating that 2017 likely will mark the third straight decline in American life expectancy.More >>
    Preliminary data shows U.S. death rates rose again last year, indicating that 2017 likely will mark the third straight decline in American life expectancy.More >>
  • Charlotte turns tables on USM, wins 7-4 with ninth-inning rally

    Charlotte turns tables on USM, wins 7-4 with ninth-inning rally

    Sunday, May 27 2018 12:59 AM EDT2018-05-27 04:59:57 GMT
    Charlotte turns tables on USM, wins 7-4 with ninth-inning rally, (Photo Source: WDAM)Charlotte turns tables on USM, wins 7-4 with ninth-inning rally, (Photo Source: WDAM)

    Southern Miss found itself on the other side of the looking glass Saturday night at MGM Park. A year after the Golden Eagles rallied in the bottom of the ninth inning with a walk-off home run against Charlotte to force a win-or-go-home contest, the 49ers returned the favor on the fourth day of 2018 Conference USA Baseball Championship. 

    More >>

    Southern Miss found itself on the other side of the looking glass Saturday night at MGM Park. A year after the Golden Eagles rallied in the bottom of the ninth inning with a walk-off home run against Charlotte to force a win-or-go-home contest, the 49ers returned the favor on the fourth day of 2018 Conference USA Baseball Championship. 

    More >>
  • Florida Atlantic forces showdown with Rice

    Florida Atlantic forces showdown with Rice

    Sunday, May 27 2018 12:02 AM EDT2018-05-27 04:02:28 GMT
    Source: Flickr Creative CommonsSource: Flickr Creative Commons
    Source: Flickr Creative CommonsSource: Flickr Creative Commons

    Florida Atlantic University got a bit of revenge Saturday afternoon and set up a win-or-go home situation after taking down Rice University 7-4  in the 2018 Conference USA Baseball Championship.

    More >>

    Florida Atlantic University got a bit of revenge Saturday afternoon and set up a win-or-go home situation after taking down Rice University 7-4  in the 2018 Conference USA Baseball Championship.

    More >>
Powered by Frankly