It would be better for measurements to be accurate instead of merely descriptive, but to behave as if nominal measurements in this case are actually deceptive is dishonest on the part of the lawyers filing the suit. As per usual, this is a class action lawsuit designed to enrich the law firms and will not improve things for anyone else. Sure, you might end up with a check for $0.34 if you are lucky, but the cost to the businesses (which will be passed along to customers, I guarantee) will be much, much higher.