I was actually about to post a question about this to see if anyone had tried it yet because I saw that it popped up on my app. So they have been doing the Amazon fresh thing but they want $9.95 a month for a $35 minimum, and I guess they’ve seen that not a lot of people are willing to pay that extra fee on top of their prime membership. So it looks like now so long as you meet $25 as a minimum you can get stuff same day. I’m in Atlanta so at least it’s showing up as an option on my app. I was actually going to test it out this evening. I was browsing and picking a few groceries and it was telling me I could get stuff from 2 PM to 5 PM. I was close to 2 PM and not quite finished shopping and noticed it switched to 5 PM to 10 PM , and by the time I finished filling my cart around 2:15 PM, it’s switched to “overnight 4 AM to 8 AM “, so I just dumped my cart and went with Instagram because I needed some stuff this evening. 🤷🏻‍♂️ So I guess if you really do want same day you’re going to have to have your cart finished by 12 noon or earlier or it’s going to just keep bumping it up until you’re at the next day even if you are at 2 PM working on the order. More on reddit.com

To prove false advertising you have to prove that it isn't just a few instances and that it is systematic. This is really hard since you can't know if it's just you having this problem or everyone that uses the option. You would need to show, that out of say 1000 people who pay extra for same day, more than 500 get it more than a day later. Likely the number is closer to a reasonable error rate, such as 90% successful. You might just be getting really unlucky. More on reddit.com