A Canadian man is suing Sunwing Airlines after he was promised champagne service and was instead served sparkling wine. The man's lawyer says about 1,600 other people have come forward to join the class action suit.

Daniel Macduff, from Quebec, booked a holiday to Cuba on the budget Canadian airline Sunwing. The company had advertised a complimentary on-board champagne toast, but Macduff says he received sparkling wine instead and only on the outgoing flight.

Sébastien Paquette, Macduff's lawyer, said the lawsuit was about misleading marketing instead of the inferior drink choice.

"It's not about the pettiness of champagne versus sparkling wine," he told the BBC. "It's the consumer message behind it."

The class action lawsuit, which has not be certified by the courts, seeks compensation for the monetary difference between the wine served and a glass of champagne, as well as punitive damages.

Sunwing said it believes the lawsuit "to be frivolous and without merit," the BBC reported.

In an emailed statement, the airline said the terms "champagne vacation" and "champagne service" were used "to denote a level of service in reference to the entire hospitality package" and not to describe what would be served in-flight.

The airline is no longer referencing "champagne service" in active marketing campaigns but is still offering sparkling wine to all passengers on flights to southern vacation destinations.

Sunwing's website also clarifies that passengers will be served sparkling wine and non-alcoholic beverages.