A Texan brought legal action against Plano-based Cinemark, alleging that the movie theater franchise misrepresented the sizes of its beverages to patrons.
According to the legal complaint filed in the U.S. District Court for the Eastern District of Texas, Shane Waldrop purchased a 20-ounce and a 24-ounce draft beer at Cinemark Tinseltown in Grapevine, Texas, on Valentine’s Day.
The lawsuit contends that Waldrop doubted the accuracy of the 24-ounce cup's capacity, prompting him to bring it home for measurement. He allegedly discovered that the container could only hold 22 ounces.
The lawsuit alleges that Cinemark violates Texas’s Deceptive Trade Practices Act, negligent misrepresentation, common law fraud, and unjust enrichment. It also alleges that the markings on the containers create the impression that customers are purchasing more than what is actually being sold in terms of product volume.
Waldrop is pursuing compensation for damages and requesting Cinemark to correctly package its 24-ounce drinks according to the advertised volume, as stated in the lawsuit.
“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,” the lawsuit reads. “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.”
In accordance with the FDCA, a product is deemed misbranded "if its packaging is designed, shaped, or filled in a manner that deceives." The consumer protection statutes of all 50 states and the District of Columbia align with this clause’s stipulation.
Waldrop, both individually and representing all similarly situated parties, requested a jury trial for all claims that are eligible for such proceedings.
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