Current laws do not set parameters for how a company can advertise its discounts. The suit against VarsityBooks.com will rely on prior case law.

"There is no federal guideline as to what 'up to' means," said Matthew Daynard, a senior attorney with the Federal Trade Commission's Division of Advertising Practices.

"It's not clear how consumers view that claim," Daynard said.

Alex J. Leary '01, who serves as a Harvard liaison for VarsityBooks.com and directed their on-campus marketing campaign during shopping period, doesn't believe anyone is misled by the advertisements.

"Any promotion is designed to first get you excited," said Leary. "Do I think they're trying to say every book is discounted 40 percent? No, I don't think so."