Cinemark class action alleges 24-ounce drinks only hold 22 ounces

Cinemark drink class action overview: 

• Who: Plaintiff Shane Waldrop filed a class action lawsuit against Cinemark. 
• Why: Cinemark sells 24-ounce drink cups that cannot hold 24 ounces of liquid, the lawsuit says.
• Where: The Cinemark drink class action lawsuit was filed in federal court in Sherman, Texas.

Cinemark movie theaters deceptively charged moviegoers for 24-oz drinks despite the containers only holding 22 oz of liquid, according to a class action lawsuit filed in Texas. The drink containers are “incapable of providing the marketed and labeled amount of liquid sold,” the plaintiff alleges.  

Cinemark sells the 24-ounce drinks as an upgrade at a higher cost than its 20-ounce drinks. Plaintiff Shane Waldrop said the four-ounce price increase was $7.80 to $8.80 pre-tax or from $8.44 to $9.53 after tax at the Cinemark Tinseltown in Grapevine, Texas.

The 24-ounce Cinemark drink is supposed to be a better deal at 37 cents per ounce compared to 39 cents per ounce for the 20-ounce drink. Instead, the supposedly larger drink, which is only 22-ounces, is priced at 40 cents per ounce, making the larger drink a more expensive option.

“Any reasonable purchaser would have relied in substantial part on defendant’s representations in its advertising and related pricing when making the decision to purchase a 24 oz drink from defendant,” the Cinemark drink class action says. “The plaintiff and the class members viewed defendant’s misleading product packaging improperly marked as 24 oz and were thereby deceived into buying the drinks at a premium price.”

Cinemark drink class action alleges unfair trade practices, fraud, misrepresentation

The Cinemark drink labeling is a violation of the Texas Deceptive and Unfair Trade Practices Act as well as negligent misrepresentation, common law fraud and unjust enrichment, according to the Cinemark class action lawsuit.

Both nationwide and Texas classes of individuals who purchased the 24-ounce Cinemark drinks have been proposed.

The class is asking for compensatory damages, interest, restitution, injunctive relief and reasonable attorneys’ and court fees.

Cinemark was accused of unlawfully sharing private video viewing information of its website visitors with Meta and its social media platform Facebook in a September 2023 class action lawsuit.

Have you purchased a 24-ounce Cinemark drink? Let us know in the comments.

The plaintiff is represented by Jarrett L. Ellzey, Leigh S. Montgomery and Alexander G. Kykta of Ellzey & Associates PLLC along with Eddy L. De Los Santos of Munsch Hardt Kopf & Harr PC.

The Cinemark class action lawsuit is Waldrop v. Cinemark USA Inc., Case No. 4:24-cv-00321, in the U.S. District Court for the Eastern District of Texas Sherman Division.

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