Customer sues popular movie theater chain over claims its '24-ounce beer' comes in a 22-ounce cup

A man in Texas has sued the movie theater chain Cinemark over claims it used 'deceptive' practices to serve him a smaller draft beer than the one he paid for.

Shane Waldrop brought a class-action lawsuit against the firm last week claiming he was served less beer than he paid for because its cups were smaller than advertised.

While visiting a Cinemark branch in Dallas on Valentine's day, Waldrop paid $9.53 after tax for what was advertised as being a 24-ounce beer, he said.

Sensing that it was too small, court documents say he took the plastic cup home and found it only held 22 ounces of liquid.

The lead plaintiff notes in the lawsuit that two sizes were advertised: 20 and 24 ounces. The larger drink was an extra dollar.

Pictured is NewsNation reporter pouring a 23-ounce bottle of water into the claimed 24-ounce cup but the full volume would not fit

A Texas man brought a class-action lawsuit against Cinemark last week, claiming he was served less beer than he paid for because its cups were smaller than advertised

'Defendant advertises that it sells two sizes of draft beer at its theaters,' read the complaint, filed to the US District Court for the Eastern District of Texas.

'These two sizes are advertised as a 20 oz version and a 24 oz version and sold to paying customers with the plastic containers containing marks that list the alleged number of ounces the containers hold,' it added.

Photos included in the complaint show the bottom of two containers.

During a segment of NewsNation's Morning in America, reporter Stephanie Hanes acquired a 24-ounce cup from the Cinemark and attempted to pour into it the entire contents of a 23-ounce bottle of water. She found the cup filled before the bottle was empty.

The recent class-action lawsuit is intended to recover damages suffered by anyone in the US who purchased a 24-ounce drink from a Cinemark theater 'during the applicable limitations period.'

Cinemark has some 300 theaters across 42 states. 

'This lawsuit is another example of consumers unwittingly overpaying for a supposed benefit they are not receiving,' Jarrett Ellzey, one of Waldrop's attorneys said in a statement to CNN.

'While two ounces may seem inconsequential to the seller, the bottom line is the buyer is not getting what he's promised by the seller.'

Pictured is the bottom of the claimed 20-ounce (left) and 24-ounce (right) cups, which are embossed with their supposed volumes

The movie theater makes out that the extra dollar will buy an additional 4 ounces of beer, offering better value for money, but Waldrop claims the larger beer is in fact worse value

Waldrop purchased the beer from Cinemark Tinseltown in Grapevine, Texas

Waldrop purchased the beer from Cinemark Tinseltown in Grapevine, Texas, according to the complaint.

He paid $8.80 before tax and claimed he was 'financially injured because of Defendant's deceptive conduct.' 

The smaller 20-ounce beer was priced at $7.80 pre-tax and $8.44 after tax.

If the beers were indeed the size they were advertised as being, the larger one would be better value for money - $0.37 per ounce as opposed to $0.39 per ounce.

But in reality, the larger option in reality offers worse value for money - $0.40 per ounce, according to Waldrop.