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submitted 7 months ago by Emperor@feddit.uk to c/nottheonion@lemmy.world

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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[-] ChihuahuaOfDoom@lemmy.world 411 points 7 months ago

I totally approve of these types of lawsuits.

[-] trolololol@lemmy.world 29 points 7 months ago

I do too, but I wonder what kind of mental problem that guy has to invest money in lawyer and court fees, plus tons of personal time, to get this going.

[-] TrickDacy@lemmy.world 154 points 7 months ago

The mental illness known as "tired of everyone getting fucked with no recourse"

[-] Anticorp@lemmy.world 52 points 7 months ago

The lawyer probably took the case on a contingent basis (doesn't get paid unless he wins), and the dude will probably get a fat check. That's not a mental problem, that's cashing in big on a corporate lie he discovered.

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[-] southsamurai@sh.itjust.works 47 points 7 months ago

I dunno, standards? Principles?

Sometimes it's about that, not personal gain

[-] Anticorp@lemmy.world 29 points 7 months ago

Isn't it fucked up that expecting what you paid for has left people asking what mental problems he has? That's how far we've fallen.

[-] southsamurai@sh.itjust.works 8 points 7 months ago

Yup. Pretty messed up

[-] umbrella@lemmy.ml 26 points 7 months ago* (last edited 7 months ago)

i wonder what kind of mental illness some already rich bigwig has to have to defraud even our fucking soda

[-] FiskFisk33@startrek.website 23 points 7 months ago* (last edited 7 months ago)

i guess a dash of autism.

If anything this is a good example of how society would be worse off if everyone were neurotypical

that or our hero is just bored and petty as fuck!

[-] Kolanaki@yiffit.net 14 points 7 months ago* (last edited 7 months ago)

One of the many symptoms of autism is having a very strong sense of justice and demanding fairness in all things, sometimes to an obsessive degree. He's probably just one of us.

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[-] originalfrozenbanana@lemm.ee 11 points 7 months ago

The mental problem of wanting to earn a lot of money in a lawsuit. Mans gonna get three, maybe even four bucks outta this

[-] KingJalopy@lemm.ee 7 points 7 months ago

I should cover the missing 2 oz he didn't get in his beer

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[-] gitamar@feddit.de 100 points 7 months ago

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@sh.itjust.works 51 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.

[-] FlyingSquid@lemmy.world 42 points 7 months ago

Calibrated glasses are very on-brand for Germany.

[-] Lev_Astov@lemmy.world 9 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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[-] NotMyOldRedditName@lemmy.world 87 points 7 months ago* (last edited 7 months ago)

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.

[-] BigBananaDealer@lemm.ee 46 points 7 months ago

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

[-] NotMyOldRedditName@lemmy.world 23 points 7 months ago* (last edited 7 months ago)

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

[-] Treczoks@lemmy.world 8 points 7 months ago

This is something that happens every year at the Oktoberfest in Munich. Legally, the "Maß" should be 1l, but the standards office regularly measure the contents way below that mark, even if one allows for a certain margin of error.

[-] Emperor@feddit.uk 74 points 7 months ago

He did the math.

[-] MajorHavoc@programming.dev 66 points 7 months ago

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

[-] RustyEarthfire@lemmy.world 31 points 7 months ago

🎵 Mister every ounce of beer is precious man 🎵

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[-] NegativeLookBehind@lemmy.world 52 points 7 months ago

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

[-] sygnius@lemmy.world 38 points 7 months ago

I'm usually against frivolous cases like this over nothing, but if he actually did measure that it's impossible to hold 24 oz in a cup labeled that way, then he does have a good case. I think the case would be more on the supplier that provides the cups to Cinemark though, and less on the theater that's taking the word of the supplier.

[-] RavindraNemandi@ttrpg.network 114 points 7 months ago

This is only frivolous if you think of it as being about 2 ounces of beer. Its not. Its about hundreds of thousands of people paying for something that they did not recieve. When you add it all up its quite a lot of stolen money! Also its absolutely Cinemark's fault, even assuming they were given the wrong cups by the distributor (which is a bad assumption) its on Cinemark to make sure they are providing what they claim they are.

[-] Catoblepas 67 points 7 months ago

There’s also no way they were unaware it was happening. They track sales and inventory, when there’s consistently ~8% too much beer someone knows about it.

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[-] TrickDacy@lemmy.world 29 points 7 months ago

Not frivolous

[-] loobkoob@kbin.social 20 points 7 months ago

I think the case would be more on the supplier that provides the cups to Cinemark though

That's a matter for Cinemark and their supplier to sort out (either through discussion or another lawsuit). This man had a contract with the vendor (Cinemark) which is why he's suing them.

[-] twinnie@feddit.uk 27 points 7 months ago
[-] jaybone@lemmy.world 27 points 7 months ago

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.

[-] weariedfae@lemmy.world 20 points 7 months ago

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

[-] AlecSadler@sh.itjust.works 21 points 7 months ago

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.

[-] echodot@feddit.uk 7 points 7 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.

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[-] vodkasolution@feddit.it 16 points 7 months ago

Texas, land of justice

[-] JCreazy@midwest.social 14 points 7 months ago

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

[-] bamboo 14 points 7 months ago

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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[-] GlendatheGayWitch@lemmy.world 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

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[-] PiratePanPan@lemmy.dbzer0.com 7 points 7 months ago

Waldrop took the empty container home and measured how much it could hold, discovering it only held 22 ounces.

Bro really pulled out the scientific instruments and everything 😭

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this post was submitted on 20 Apr 2024
760 points (100.0% liked)

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