A North Texas movie patron is taking a theater company to court because his drink wasn't "full".

There's a lot of ridiculous lawsuits in the court system from folks suing hot sauce companies over their name to some folks asking to shop for free at a store as settlement.

This one is interesting because the person who filed it is not happy about the amount of beer they're getting when they go to the movies.

Plano-based Cinemark is being sued and accused of shorting customers on drink sizes.


The class action lawsuit was filed in federal court in Sherman, TX on Wednesday, according to a report by WFAA. Before you internet lawyers dismiss the case, you might want to take a look at what the plaintiff is arguing.

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Shane Waldrop, who filed the lawsuit, claims that Cinemark is selling drinks in containers that are labeled as 24 ounces but that the containers only hold 22 ounces.

Waldrop's lawsuit alleges violations of Texas' Deceptive Trade Practices Act, negligent misrepresentation, common law fraud, and unjust enrichment.


According to the lawsuit, Waldrop was at the Cinemark Tinseltown theater in Grapevine when he bought a 24-ounce draft beer for $8.80, which came out to $9.53 after tax. The drink container was labeled as 24 ounces.


But Waldrop, the lawsuit continues, thought the container wasn't large enough to hold 24 ounces. So he took the empty container from the theater and measured how much liquid it could hold and found that the container could only hold 22 ounces.

The lawsuit also demands a jury trial over the claims.

Gavel, scales of justice and law books

The lawsuit further claims that Cinemark is misleading customers and inducing them to buy the 24-ounce drinks "at a premium price," a dollar more than the 20-ounce size. Waldrop is seeking compensatory damages and for Cinemark to repackage its 24-ounce drinks "with the proper amount of advertised liquid,".

Cinemark has not yet commented on the lawsuit. Have you noticed your drink was missing 2 ounces when you go to the movies?

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