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North Texas man sues Cinemark claiming 24-ounce beer cups can't hold 24 ounces (www.fox4news.com)

submitted 4 months ago by [email protected] to c/[email protected]

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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.

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[–] [email protected] 21 points 4 months ago (2 children)

Legit question: does the FDA do a weights and measures things for restaurants?

[–] AlecSadler 21 points 4 months ago (2 children)

Having owned, partly owned, or at least been very friendly with restaurant and bar owners...

...no, no they do not. Maybe they do if you end up on some radar or something, or get reported? But in general day to day and inspections, no.

[–] [email protected] 7 points 4 months ago

In the UK, and I suspect in other countries as well, you have to use the right cups and glasses for the right drinks. So for beer you will have to use the beer glass that the brewery provide. I don't think you can just go out and get any old cup from a shop and use that. You have to use the calibrated ones.

[–] [email protected] 2 points 4 months ago (2 children)

Apologies, I should have been more specific. I meant does some sort of regulation or team or anything involving weights and measures exist at all for food service? Or is the only thing the theaters did "wrong" in this case false advertising?

I understand enforcement for an FDA regulation/whatever may be lacking. I've worked in a restaurant and other food service related places before but I was young and pretty low level so I wasn't super tuned into the business side let alone laws/regulations outside of basic food handling.

[–] [email protected] 3 points 4 months ago (1 children)

There's a separate weights and measures office here https://www.nist.gov/pml/owm

I'm not sure exactly what that'd change about this situation, but they seem to publish standards based on industry majorities, so there's a proper baseline.

[–] [email protected] 1 points 4 months ago

Thank you, that's exactly what I was wondering about.

[–] [email protected] 2 points 4 months ago (1 children)

Usually use tort law and not administrative or codified law for this sort of thing.

[–] [email protected] 1 points 4 months ago

TIL, thank you

[–] [email protected] 2 points 4 months ago

Nope (afaik)