A moviegoer has filed a class action suit against Cinemark alleging that the exhibitor is shortchanging their customers on beer sales. The suit contends that Cinemark sells a 24-ounce beer in cups that only hold 22 ounces.
The plaintiff purchased a beer at a Cinemark location and then brought the cup home to measure exactly how much liquid it could hold, which was no more than 22 ounces. The complaint filed in Texas federal court claims that Cinemark is engaging in “negligent misrepresentation, fraud, unjust enrichment” and is in violation of the Texas’ Deceptive Trade Practices Act.
With attendance still lower than pre-pandemic levels, exhibitors are under increased pressure to maximize additional revenue streams wherever possible. Concessions sales in general and alcohol sales in particular have been an area of increased emphasis, as moviegoers have shown a willingness to spend more on extras while at the theatre.
Cinemark’s practice to limit the pour in their beverage containers by a few ounces is consistent with a widely publicized trend known as “shrinkflation.” Rather than increasing the price of individual items, companies slightly reduce the number of items of volume or product in each package.
An example of this phenomenon could be a package of Oreos that formerly contained 24 cookies that might be reconfigured to have only 20. Many have criticized this practice as unfair, amounting to a trick on consumers. So much so that even President Biden called out Shrinkflation during his State of the Union address in March.
It’s important to note that the suit against Cinemark is only an allegation at this point, with the full facts of the matter remaining to be discovered and litigated.
