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] 102 points 6 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

[–] [email protected] 41 points 6 months ago (3 children)

Calibrated glasses are very on-brand for Germany.

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[–] [email protected] 19 points 6 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 6 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 6 months ago

Texas, land of justice

[–] [email protected] 21 points 6 months ago (2 children)

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

[–] [email protected] 21 points 6 months ago (2 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.

[–] [email protected] 2 points 6 months ago (4 children)

Apologies, I should have been more specific. I meant does some sort of regulation or team or anything involving weights and measures exist at all for food service? Or is the only thing the theaters did "wrong" in this case false advertising?

I understand enforcement for an FDA regulation/whatever may be lacking. I've worked in a restaurant and other food service related places before but I was young and pretty low level so I wasn't super tuned into the business side let alone laws/regulations outside of basic food handling.

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[–] [email protected] 86 points 6 months ago* (last edited 6 months ago) (3 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] 1 points 6 months ago (6 children)

So the legal requirement in Canada is not an actual pint?

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[–] [email protected] 8 points 6 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.

[–] [email protected] 45 points 6 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 6 months ago* (last edited 6 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] 14 points 6 months ago (3 children)

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

[–] [email protected] 14 points 6 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 6 months ago (1 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.

[–] [email protected] 5 points 6 months ago (1 children)

Wait, I thought ounces were weight but liquid ounces were volume, making this irrelevant?

[–] [email protected] 13 points 6 months ago (1 children)

1 fl oz (volume) of water weighs about 1 oz (weight). It varies depending on a bunch of stuff, ya know, cause imperial sucks, but I believe the standard rate is 1 fl oz weighs about 1.043 oz. So assuming beer has similar density as water, 22 fl oz would weigh somewhere around 23 oz.

(Some Google searches show that some definitions of fl oz has it as 1 fl oz = 30 ml exactly, but I'm starting to confuse myself and you know how infuriating imperial is.)

[–] [email protected] 3 points 6 months ago

The US customary units are officially defined on top of metric, and 1 fl oz is 29.5735295625 mL, but an oz is 28.349523125 g. I imagine this decision was just to fuck with people (since 1ml of water weighs 1g at sea level, at 4°)

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