Cinemark’s Large 24-Ounce Drink Containers Cannot Hold That Much Liquid, False Advertising Lawsuit Says

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A proposed class action lawsuit claims Cinemark USA has misled moviegoers in that its premium-priced 24-ounce plastic drink containers, the largest size offered, cannot hold 24 ounces of liquid. 

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The 17-page Cinemark lawsuit alleges the movie theater operator intentionally induces customers into buying a “24oz” draft beer, which reportedly costs a dollar more than the 20-ounce size, by making them believe buying the larger size is a deal. In truth, the 24-ounce drink container can hold only 22 ounces of liquid, the lawsuit claims, arguing that the markings on the Cinemark drink containers make it appear as though consumers are “buying more than what is being sold.” 

The case calls Cinemark’s alleged conduct “especially misleading” since the 24-ounce drink should be a deal over the price of a 20-ounce drink, at $0.37 per ounce versus $0.39 per ounce, respectively. However, due to the actual volume of 22 ounces available in the purported 24-ounce drink, the price of the beverage is $0.40 per ounce, making the larger size “more expensive per ounce, which is not a deal at all,” the case contends.

“Defendant purposefully sold 24 oz drinks in containers made, formed, or filled as to be misleading, as the containers cannot contain 24 ounces,” the lawsuit summarizes. 

Under the Federal Food, Drug and Cosmetic Act, a food item is considered misbranded if its container is “made, formed, or filled as to be misleading,” and consumer protection statutes in all 50 states mirror this provision, the suit shares. 

As the case tells it, the plaintiff, a Texas resident, purchased both a 24-ounce drink and a 20-ounce drink at a Cinemark movie theater and observed that the 24-ounce drink “did not seem large enough to hold 24 ounces,” so he took the empty container from the theater to measure how much liquid it could actually hold. The man found the purported 24-ounce container could hold only 22 ounces of liquid, the lawsuit says. 

According to the complaint, Cinemark has reaped “enormous profits” from falsely and deceptively claiming its 24-ounce drink containers can actually hold that much liquid. 

The lawsuit looks to cover all persons or entities in the United States who make retail purchases of Cinemark’s 24-ounce drinks during the applicable statute of limitations period. 

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