The encyclopedia · Advertising & PR · Marketing decision · 1996
Pepsi's ad offered a Harrier jet for 7 million points — one man did the math and sued
1996: a Pepsi Stuff ad priced a Harrier jet at 7M points. A student bought the points for $700k and sued when Pepsi refused — the joke became a landmark case.
PepsiCo · 1996
What happened
In March 1996 PepsiCo launched Pepsi Stuff, a loyalty programme redeeming 'Pepsi Points' for merchandise. One commercial showed a computer-generated Harrier jump jet landing at a school, captioned at 7,000,000 Pepsi Points — although the aircraft, worth roughly $37 million, appeared nowhere in the catalogue. What the catalogue did say was on the back of the order form: points could also be purchased outright, at ten cents each.
John Leonard, a 21-year-old business student from Washington state, did the arithmetic: 7 million points at ten cents meant the jet cost $700,000. He raised the money from five investors and sent Pepsi an order form, 15 genuine product labels and a check for $700,008.50. Pepsi returned it — spokesman Brad Shaw called the spot 'clearly a spoof' — and went to federal court asking that Leonard's claim be declared frivolous; Leonard sued for breach of contract and fraud.
On 5 August 1999 Judge Kimba Wood of the Southern District of New York granted Pepsi summary judgment: 'no objective person could reasonably have concluded that the commercial actually offered consumers a Harrier Jet', and its pilot was a 'callow youth' who 'could barely be trusted with the keys to his parents' car'. The Second Circuit affirmed in 2000. Pepsi kept airing the ad — but repriced the jet at 700,000,000 points and added a 'Just Kidding' disclaimer.
Why it happened
- The ad priced an impossible prize at a number the programme's own rules could buy — ten cents a point turned the punchline into arithmetic somebody actually did.
- The catalogue omitted the jet while the commercial offered it for 7,000,000; two parts of one promotion contradicting each other is where the lawsuit walked in.
- Pepsi won the case but had to rewrite the ad that caused it — the joke cost a federal legal battle and a permanent lesson in offer law.
The lesson
Prize ads must price their jokes consistently: if a gag carries a redemption mechanic, somebody will redeem it. The commercial and the order form have to say the same thing.
Aftermath
Leonard v. PepsiCo became one of the most-taught contracts cases in American law schools, and Netflix's 2022 docuseries 'Pepsi, Where's My Jet?' retold it. Pepsi Stuff kept running — a spokesman called it 'by far the most successful promotion we've ever run' — but the jet stayed forever out of reach, now at 700 million points.
Sources
- Los Angeles Times — Flight Suit: Man Takes Pepsi to Court Over Fighter Jet 'Giveaway'
- CBS News — Flashback 1996: Man sues Pepsi for not giving him a Harrier Jet
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