A class action lawsuit that claims the gameplay demo for Aliens: Colonial Marines amounted to false advertising has been dismissed by the defendants as "without merit".

The lawsuit alleges that Sega and Gearbox knowingly misled the public by claiming that the game's trade show demos were “actual gameplay”, when in reality they contained many features that were absent in the finished product.

“Sega cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is without merit and we will defend it vigorously,” Sega told Kotaku.

Gearbox’s response to the lawsuit was along the same lines.

"Attempting to wring a class action lawsuit out of a demonstration is beyond meritless. We continue to support the game, and will defend the rights of entertainers to share their works-in-progress without fear of frivolous litigation," it said.

However, there has previously been acknowledgment from both companies that the game was not up to scratch.

Subsequent to a complaint lodged with the Advertising Standards Authority in the UK, Sega acknowledged its trailers were “misleading”, and agreed to add disclaimers both to the game’s website, and to the game’s trailers on YouTube clarifying that the content shown was demonstrative only.

Similarly, immediately following complaints about the discrepancies between the demo and finished game, Gearbox boss Randy Pitchford said, “That is understood and fair and we are looking at that.”

Colonial Marines co-developer TimeGate filed for bankruptcy protection last week.