A Texas man is suing Cinemark, claiming the movie theater chain deceived customers about its drink sizes.
Shane Waldrop argues that Cinemark engaged in "deceptive and otherwise improper business practices" after he allegedly realized in February that the 24-ounce drink containers being sold at concessions only held 22 ounces of liquid, according to the suit filed in the U.S. District Court for the Eastern District of Texas.
"Defendant markets and sells 24 oz drinks at a premium price, despite the containers being physically incapable of holding that amount of liquid," the suit read.
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The lawsuit stated that Waldrop is filing the suit "on behalf of all others similarly situated."
According to the suit, Waldrop made the discovery after his trip to the theater in Grapevine, Texas, on Valentine's Day. In the suit, Waldrop said he bought a 20-ounce and a 24-ounce draft beer that were served to him in drink containers labeled with the ounce markings.
The suit alleges that Waldrop noticed that the 24-ounce container did not seem large enough to hold 24 ounces, so he took the empty container home and measured the amount of liquid it could hold.
That's when he allegedly discovered that "the 24 oz container could not hold 24 ounces of liquid – instead it was merely able to contain 22 ounces of liquid."
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The suit argues that Cinemark's packaging and advertising of the 24-ounce drinks, sold at locations throughout the U.S., "violate various state laws against misbranding, which mirror federal law."
The suit said the company "has routinely and purposefully packaged 24 oz drinks in containers made, formed, or filled as to mislead consumers into believing that they were receiving more liquid than they actually purchased and received."
Jarrett L. Ellzey, an attorney for Waldrop, told FOX Business that the suit is an "example of consumers unwittingly overpaying for a supposed benefit they are not receiving."
Ellzey argued that the company is "misleading the consumer into handing over his or her money while not providing the full value of the item he or she is paying for."
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Ellzey said "class actions function as a device for changing bad business practices like this."
FOX Business reached out to Cinemark for comment.
