The Big Chill

If you are under the impression that staying home and watching television is a waste of time, think again. John Leonard, my 22-year-old American colleague, might help you change your mind. One afternoon, John watched the latest Pepsi commercial, offering products against Pepsi points. The cola giant's latest marketing scheme allows loyal drinkers to turn in their empty cans, to earn points to purchase "cool Pepsi gear.
The racy ad shows a high school student putting on his Pepsi gear and listing the points needed to win various products. It closes with the student climbing into a gleaming Harrier Jet, its value pegged at 750,000 Pepsi points.
John, sipping his Pepsi at home, was rather startled as he figured that a Harrier Jet might cost more than 750,000 Pepsi points. In fact, he discovered that a Harrier Jet, with a retail value of $ 20 to 30 million, would be a steal.
John then actually found generous financiers, who were charmed by his hare-brained scheme. He flew down to the Pepsi headquarters, handed them the check for $ 750,000 and politely said, "I'd like my Harrier Jet, please.
Pepsi immediately backtracked and explained that the advertisement was only a joke. In other words, John and his ilk were quite foolish to believe that Pepsi was doling out jets. (They offered him a free case of Pepsi instead.)
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A Pepsi spokesman later stated: "If these people are so comedically challenged, we may have to put a disclaimer on our ads. He went on to compare the Pepsi campaign to shoe ads that claim: our sneakers will make you run faster. "Do people think they are really going to run faster and is the company accountable?
Accountable they may be now, as John is suing Pepsi for his jet and Pepsi is countersuing John. A beleaguered Pepsi is naturally worried about its reputation taking a beating. It appears John was not the only one with "Harrier Jet ideas, as the internet is flooded with listings to raise money.
After John staked his claim, Pepsi immediately changed the ad, claiming 750,000,000 points were needed to win the jet. At one point a harassed Pepsi called the Pentagon to inquire about purchasing a Harrier Jet. The Pentagon apparently told Pepsi the sale would have to be approved by the US Government (which was highly unlikely) and, ahem, they would need to purchase a minumium of six jets!
So with the impending lawsuit, it can be safely assumed that Pepsi will do its best to negotiate out of court. It's difficult to believe their defence "" that the ad was an obvious joke. Pepsi will have to stand on firmer legal ground. Nonetheless, the lawsuit has caused quite a stir. According to a recent America On Line survey, it has divided the nation 52:48.
It's difficult to say what constitutes a joke in advertising. Does one assume we all know the price of a Harrier Jet? Is McDonald's advertising a Big Mac for under a dollar a joke as well? Well, no.
Many Americans feel the lawsuit is absurd. Should we promote the lawsuit as a fine way to make money? Should corporations spend millions on legal fees which ultimately raise the price of goods?
Conversely, not too many people are concerned about the welfare of a corporate giant such as Pepsi. It's quite rare that the little guy gets anything from corporate America and why should only big shots be allowed the rewards of hefty lawsuits. Should Mr Leonard's ingenuity be commended?
The wheels of justice will soon turn for John and Pepsi. A worried Pepsi is pushing for settling out of court. Meanwhile, John has picked an airplane hangar and hopes to get hold of a pilot's license.
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First Published: Sep 26 1996 | 12:00 AM IST

