this post was submitted on 20 Apr 2024
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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] 418 points 7 months ago (63 children)

I totally approve of these types of lawsuits.

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[–] [email protected] 102 points 7 months ago (5 children)

I'm still fascinated that "calibrated" glasses are not more common. In Germany, you won't get any beer without any markings where the volume is indicated.

https://de.m.wikipedia.org/wiki/F%C3%BCllstrich#/media/Datei%3AWeizenbier.jpg

[–] Bakkoda 49 points 7 months ago

The US is a wild west of suggestions masquerading as regulations. If your ledger doesn't have room for the decimals places needed to record the fine, it's not a fine.

[–] [email protected] 41 points 7 months ago (1 children)

Calibrated glasses are very on-brand for Germany.

[–] [email protected] 10 points 7 months ago

Some US states have some sort of department of weights and measures. I've contacted mine before about such issues and they take them very seriously, sending out an inspection team to test the claim. What they can do to enforce things depends on the state, though.

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[–] [email protected] 86 points 7 months ago* (last edited 7 months ago) (9 children)

In Canada a pint is a legal measurement of 20oz / 568ml

If you advertise beer on the menu as a pint, it must be at least 19.5oz excluding head(allowable margin of error)

What happens though is countless places advertise a pint, and then give you something like 16-18oz which is against the law.

It's gets harder tell what you're getting as well when they serve in non standard pint glasses, or glasses without a pint mark.

[–] [email protected] 45 points 7 months ago (1 children)

bring your own pint glass. and a lawyer to every bar you go to. bam ez money

[–] [email protected] 22 points 7 months ago* (last edited 7 months ago) (1 children)

Pay for your law degree this way then be the lawyer to save on costs! Travel the country for free indefinitely!

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[–] [email protected] 74 points 7 months ago

He did the math.

[–] [email protected] 67 points 7 months ago (1 children)

If this guy doesn't get a "we salute you" ad by the beer companies, there's no justice left in the world.

[–] [email protected] 31 points 7 months ago (1 children)

🎵 Mister every ounce of beer is precious man 🎵

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[–] [email protected] 54 points 7 months ago

This man is the champion of modern society and I support his righteous crusade

[–] [email protected] 29 points 7 months ago
[–] [email protected] 21 points 7 months ago (2 children)

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

[–] AlecSadler 21 points 7 months ago (6 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.

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[–] [email protected] 18 points 7 months ago (1 children)

No one will care. They will pay whatever fine, and pay whatever members of this class, and then they will keep doing the same shit.

[–] [email protected] 29 points 7 months ago (1 children)

If they keep doing the same shit I’ll sue them again, citing their previous lawsuit and any injunctive relief ordered in the previous trial when presenting my case.

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[–] [email protected] 16 points 7 months ago

Texas, land of justice

[–] [email protected] 14 points 7 months ago (3 children)

What if 22oz of beer (volume) WEIGHED 24oz (mass)?

[–] [email protected] 14 points 7 months ago

According to the website below, searching for "beer", 22 oz weighs 23.281 oz. So it's close!

https://www.aqua-calc.com/calculate/food-volume-to-weight

[–] [email protected] 14 points 7 months ago (3 children)

Wouldn't this mean that beer would need to be 8% more dense than water for this to work out? Quickly searching online, it seems like beer is more like 1% more dense than water, depending on the type of beer, so not sure this is possible.

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