I do not believe that this is a frivalous lawsuit. If a vendor claims three significant figures (i.e. 256) but only delivers on one (i.e. 244) of a quantity that is understood by the user then that is false representation. Certainly the quantities are small (i.e. less than 5%) but the spirit of truth in advertising has been violated.
The important point is that the vendor is using (i.e. abusing) a term that is commonly understood by the consumer to have a different meaning. That is shady and should be stopped in my opinion.