Movie theater heads to court for 2 oz. shortage on $9 beer

Photo bySeth WeisfeldonUnsplash

North Texan claims he was "financially injured," by Cinemark skimping on his drink, files class-action suit

I feel we've all at least considered. Movie theater drinks aren't cheap. But is the glass half empty or half full?

Well, according to one North Texan, it's about 2 ounces too empty.

A Texas movie-goer is taking his drink beef to court — claiming Plano-based Cinemark is cheating their customers on drink sizes.

The class action lawsuit was filed in federal court in Sherman on Wednesday, according to court records.

Waldrop, who is claiming he has been "financially injured" by the alleged drink shortage, said in the initial complaint that he went to the Cinemark Tinseltown in Grapevine, and purchased a 24-ounce draft beer for $8.80, $9.53 after tax.

Waldrop alleges that the container was labeled as 24 ounces, though the container was "physically incapable," of holding that much liquid. And, according to the lawsuit, he actually checked.

Taking the empty container home, he found the container could only hold 22 ounces.

The lawsuit claims Cinemark is misleading their customers — inducing them to buy a more expensive 24-ounce drink "at a premium price," over a 20-ounce size. Essentially, paying for 4 ounces more, but only receiving 2 ounces worth.

Waldrop's lawsuit alleges violations of Texas' Deceptive Trade Practices Act, negligent misrepresentation, common law fraud, and unjust enrichment. Waldrop is seeking compensatory damages and for Cinemark to repackage its 24-ounce drinks "with the proper amount of advertised liquid," the lawsuit said.

The lawsuit also demands a jury trial over the claims.

It's not the first time companies have been taken to court over...misrepresenting the sizes of their drinks.

Starbucks skirted a lawsuit alleging they were "underfilling lattes," in 2016 (dismissed for lack of evidence), and hockey fans in Boise, Idaho sued CenturyLink arena in 2014 over allegations that their "small" size held the exact same amount as a "large" size.