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Contracts Keyed to Kunz
Leonard v. PepsiCo
Citation:
88 F. Supp. 2d 116 (S.D.N.Y. 1999)ProfessorMelissa A. Hale
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Facts
Plaintiff sees a Pepsi commercial advertising various items which an individual could purchase with “Pepsi Points.” At the end of the commercial, a harrier jet appears on screen with the caption “HARRIER FIGHTER 7,000,000 PEPSI POINTS.” The commercial introduces the PepsiCo catalog which displays the items that can be purchased with points along with their prices. Incidentally, the harrier jet is absent from the catalog. Points are earned either through purchasing Pepsi products or by purchasing Pepsi points for ten cents each. Plaintiff purchases seven million points for $700,000 and encloses a check in that amount along with the order form for “1 Harrier Jet.” PepsiCo returns the check and responds with a letter stating that the jet is not part of the “PepsiStuff” collection and that the jet in the advertisement was just for entertainment purposes. Plaintiff commences this legal action for specific performance.
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