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

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Rocky road? AZ man loses lawsuit over ice cream ads

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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.

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