just this morning, in a san francisco bevmo! on the first display we came to, we found two signs advertising 2013 vintage award winning wines but the bottles for sale, 2014. >> it was the 2014 the gold medal "chronicle" wine. >> yes. it's still the same wine. >> reporter: even though it's a different year? >> yes. >> reporter: later another employee said they couldn't guarantee it was the same wine. the "san francisco chronicle" wine competition tells us it's now looking into the issue. >> bevmo! is engaging in an intentional systemic bait-and-switch fraud in california. >> reporter: the attorney filed a class action lawsuit against bevmo! , citing similar discrepancies in store and online. in court documents, bevmo! says it prominently displays a disclaimer about substitutions. here's what one looks like in stores. in a statement they say in part, while we cannot comment on pending litigations, we always recommend customers check the bottles for vintage if they are looking for a certain vintage. but nicole suggests going one st

not just bevmo and california.lar stores in new jersey, but bevmo the only one targeted in this lawsuit. it claims consumers are being misled though there is a disclaimer printed on each shelf tag. >> we are suing bevmo because bevmo is engaging in a bait-and-switch fraud. >> reporter: not just in the store. we ordered four bottles of highly rated wine on bevmo's website for in store pickup. we clicked the option that says we didn't want vintage substitutes. but when we showed up, we got wines from four different years. three with lower ratings. the clerk offered an explanation. >> it's difficult to keep up with the vintages. >> reporter: internal e-mails obtained by cbs news, bevmo has been aware since 2010. one read this is a corporate problem. we all have heard this complaint about vintages many times. we asked this los angeles somalier to do a blind taste test comparing the one we ordered to one of the bottles we received. >> i would not know there was a difference. >> reporter: how much does vintage matter? >>

>> reporter: it's not just bevmo and not just california.pancies at three liquor stores in new jersey. bevmo is the only retailer targeted in this lawsuit seeking class-action status. claims consumers are being misled even though there's a disclaimer printed on each shelf tag. >> we're suing bevmo because bevmo is engaging in an intentional bait and switch fraud. >> reporter: not just in the store. we're going to order four wines. we ordered four bottles of highly rated wine on bevmo's website for in-store pickup. we even clicked the option that says we didn't want vintage substitutes. when we showed up, we got wines from four different years. three with lower ratings. the bevmo clerk offered an explanation. he said we could get a refunds if we didn't like the wine. internal emails obtained by cbs news confirm bevmo has been aware of the issue since at least 2010. one reads, "this is a corporate problem. we all have heard this complaint about vintages many times." we asked los angeles sommelier what she thought. >> i don't think it matters.