‘Unlimited Refill’ Cups at Universal Theme Parks Deceptively Advertised, Class Action Claims

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NBCUniversal Media, LLC is facing a proposed class action lawsuit that claims the theme park operator falsely promised “unlimited refills” with the purchase of Coca-Cola Freestyle Souvenir Cups at its three Universal amusement parks.

According to the case, the cups contain a Radio Frequency Identification (RFID) chip that enables dispensing machines at the defendant’s Universal Studios, Universal’s Islands of Adventure and Universal’s Volcano Bay parks to track the number of times a cup has been filled. The case contends that despite the defendant’s claims to the contrary, the refills are not truly “unlimited,” as the dispensers only allow customers to refill the cup every 10 minutes, for a total of six times per hour, over the course of a calendar day.

The case argues that consumers rely upon NBCUniversal’s allegedly false representations when deciding to purchase a Freestyle Souvenir Cup. According to the lawsuit, the defendant took advantage of consumers’ desire for “unlimited style self-serve consumption” products by selling the cups at a premium price of $16.99, plus $8.99 for each additional day. The lead plaintiff claims he would not have paid this price had he known the defendant’s representations of the product were false.

NBCUniversal’s alleged mislabeling of its souvenir cups amounts to breach of express warranty and common law fraud, the complaint contends. The suit requests that the defendant be enjoined from representing that the cups include unlimited refills, or alternatively be required to disclose that the refills are limited to six per hour.