Robert Garrett recently filed a false advertising lawsuit against Peet’s Coffee & Tea. Peet’s offers French press coffee pots for sale in 12-ounce and 32-ounce sizes at its retail stores and allegedly advertises those sizes on the menu boards. According to the complaint, the 12-ounce and 32-ounce press pots contain at least 25% less coffee than advertised. Although it is not entirely clear, the complaint seems to suggest that the advertised size of the French press coffee pot is false or deceptive because the press pot includes the French press apparatus and coffee grounds, resulting in the consumer receiving less than 12 ounces or 32 ounces of coffee.

According to a statement issued by the company, the sizes listed on the cafe menu truthfully refer to the size of the press pot and not how much liquid they will ultimately contain when the coffee is done brewing. The plaintiff is seeking an injunction and damages for the allegedly false advertising.

TIP: This lawsuit is a good reminder that companies should be sure to avoid any potential ambiguity when communicating product sizes. Notably, this lawsuit comes on the heels of a recent settlement by Subway regarding the size of its “footlong” sandwiches.