(NewsNation) — A Texas man has sued Cinemark Theaters, accusing the movie chain of “deceptive and otherwise improper practices” by misleading moviegoers about drink sizes.
According to court documents, the plaintiff, Shane Waldrop, bought a 24-ounce draft beer from a Cinemark in Grapevine, Texas, near Dallas, on Valentine’s Day. Waldrop felt the cup didn’t appear large enough to hold 24 ounces, so he measured it at home and discovered it only held 22 ounces, the lawsuit alleges.
The lawsuit accuses Cinemark of intentionally misleading customers to believe they were getting more for their money.
“Defendant markets and sells 24 oz drinks at a premium price, despite the containers being physically incapable of holding that amount of liquid,” the lawsuit alleges. “Defendant has reaped enormous profits from its false, misleading and deceptive packaging and sale of its 24 oz drinks.”
Lawyers are awaiting responses from others interested in joining a class action lawsuit.
Meanwhile, some lawyers call these types of lawsuits “frivolous” because they often get dismissed or the judge rules in favor of the company.
Last year, McDonald’s and Wendy’s won a lawsuit in which a customer claimed they were engaging in false advertising by overstating the size of their hamburger meat and amount of toppings on food shown in ads.
However, some companies settle. For example, Red Bull was sued for its advertisement with the slogan “Red Bull gives you wings” and paid $13 million to settle class action lawsuits. It also changed the advertisement.
“When it comes to measurements — when it comes to something that’s not what we call puffery, these suits actually land, and the manufacturers and distributors get dinged for a lot of money,” said Jonna Spilbor, an attorney. “People who are consuming the two less ounces or a third of less of hamburger can get a little something, but these suits are designed to stop the entity from falsely advertising.”
While some class action lawsuit settlement payouts are millions of dollars, the bulk goes to the lawyers and a small payout to the consumers involved.
Waldrop’s attorneys and Cinemark have not returned requests for comment.
NewsNation affiliate WJW contributed to this report.
