Leonard V. Pepsico. Essay

876 Words Mar 2nd, 2015 4 Pages
Case Review/IRAC
Case Citation

John D.R. Leonard, Plaintiff v. Pepsico, Inc., Defendant
88 F.Supp.2d 116 (1999)

Key Facts

Pepsico conducted a test of a new promotion in the Pacific Northwest from October 1995 to March 1996 where plaintiff saw the advertisement and contended that it offered a Harrier Jet. Through acquaintances, plaintiff raised $700,000, and wrote a check to Pepsi along with 15 pepsi points and a filled out order form for 7,000,000 additional Pepsi points. Defendant’s fulfillment house rejected plaintiff’s submission. Plaintiff’s counsel responded on May 14th, 1996 forewarning that they will file an appropriate action if they do not fulfill their offer of a Harrier Jet.

Procedural History

This case went
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-Plaintiff “noted that the Harrier Jet was not among the items described in the catalog, but this did not affect [his] understanding of the offer.”
*An Objective, Reasonable Person Would Not Have Considerd the Commercial an Offer.

What constitutes an objectionable person?
1) The commercial in this case thus makes the exaggerated claims similar to those of many television advertisements: that by consuming the featured clothing, car, beer, or potato chips, one will become attractive, stylish, desirable, and admired by all. A reasonable viewer would understand such advertisements as mere puffery, not as statements of fact.
2) The Callow youth featured in the commercial is a highly improbable pilot, who spends his precious preflight time preening, who flys without a helmet, and flys in a residential area.
3) No school would provide landing space for a student’s fighter jet, or condone the disruption the jet’s use would cause.
4) “, depiction of such a jet as a way to get to school in the morning is clearly not serious even if, as plaintiff contends, the jet is capable of being acquired “in a form that eliminates [its] potential for military use.”
5) To purchase the Harrier Jet, one would need to drink 7 million pepis, or 190/day for 100 years straight, or purchase $700,000 worth of Pepsi points, which despite plaintiff doing, makes no fiscal sense for Pepsi considering a Harrier Jet costs $23 million, thus an objective,

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