Apple should just market 16GB phones as 12GB and then brag about the "extra" storage they are really giving you. Problem solved!
Orshan claims the statistics apply to 8 gigabyte and 16 gigabyte iPhones, iPads and iPods. His complaint goes on to say that a "reasonable consumer" does not expect such a major discrepancy between the advertised storage capacity of a device and its available capacity. He says that an iPhone 6+ marketed as 16 gigabytes actually only has 12.7 gigabytes available to the user. For an iPod of the same size, there's only 12.3 gigabytes available.