APTOS (KCBS) — An Aptos man is suing Safeway for over $5 million on a claim the supermarket chain is under-filling cans of its store brand canned tuna.

Ehder Soto says the National Oceanic and Atmospheric Administration tested 108 cans bought by Soto over the course of two years and claims 106 of them contained less than five ounces of fish as specified on the label.

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According to the suit, the testing found the cans contained an average of 2.29 ounces of fish.

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Safeway is not commenting.

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Earlier this year, Starkist paid $12 million to settle a similar lawsuit filed by the same firm that represents Soto.