A North Texas man has filed a class action lawsuit against Cinemark, claiming the movie theater chain is lying to customers about the size of its drinks.
Shane Waldrop claims that Cinemark’s 24 ounce cups can only hold 22 ounces of liquid, according to the lawsuit filed in the US District Court for the Eastern District of Texas.
On Feb. 14, Waldrop went to the Cinemark in Grapevine and purchased the 20 ounce and 24 ounce draft beer.
He noticed the 24 ounce cup did not appear to be big enough to hold 4 more ounces of liquid.
Waldrop took the empty container home and measured how much it could hold, discovering it only held 22 ounces.
Waldrop and his legal team says the movie theater chain is taking part in “deceptive” and “otherwise improper” business practices that violate state and federal laws about misbranding.
“This is especially misleading because the 24 oz drink should provide a deal for consumers over the 20 oz drink’s price: $0.37 per ounce vs. $0.39 per ounce. But due to the actual volume of 22 oz available in the ‘24 oz’ drink, the price is $0.40 per ounce making the larger drink more expensive per ounce, which is not a deal at all,” reads the lawsuit.
I’m usually against frivolous cases like this over nothing, but if he actually did measure that it’s impossible to hold 24 oz in a cup labeled that way, then he does have a good case. I think the case would be more on the supplier that provides the cups to Cinemark though, and less on the theater that’s taking the word of the supplier.
This is only frivolous if you think of it as being about 2 ounces of beer. Its not. Its about hundreds of thousands of people paying for something that they did not recieve. When you add it all up its quite a lot of stolen money! Also its absolutely Cinemark’s fault, even assuming they were given the wrong cups by the distributor (which is a bad assumption) its on Cinemark to make sure they are providing what they claim they are.
There’s also no way they were unaware it was happening. They track sales and inventory, when there’s consistently ~8% too much beer someone knows about it.
That someone
Not frivolous
That’s a matter for Cinemark and their supplier to sort out (either through discussion or another lawsuit). This man had a contract with the vendor (Cinemark) which is why he’s suing them.