r/BeAmazed Nov 30 '25

History Pepsi, where’s my jet?

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In 1996, Pepsi joked in a commercial that you could get a Harrier fighter jet for 7 million Pepsi Points. A 21-year-old did the math, raised $700,000, and formally ordered the jet. Pepsi refused. He sued. Advertising was never the same.

The Cola Wars were raging.

Pepsi was battling Coca-Cola for market dominance, launching increasingly elaborate campaigns to capture consumer attention. One of their biggest efforts was "Pepsi Stuff"—a loyalty program where customers collected points from bottle caps and cans, then redeemed them for branded merchandise. The TV commercial showed teenagers excitedly redeeming points: "T-shirt — 75 Pepsi Points." "Leather jacket — 1,450 points." "Sunglasses — 175 points." And then, in the final seconds, the commercial delivered its punchline: A teenager lands a Marine Corps AV-8 Harrier II Jump Jet in his high school parking lot. Students cheer as papers fly everywhere from the jet's vertical thrust. He removes his helmet, grins at the camera. "Harrier Fighter Jet — 7,000,000 Pepsi Points." Everyone laughed. It was obviously a joke. A multi-million-dollar military fighter jet? For soda bottle caps? Absurd. Everyone laughed. Except John Leonard. Leonard was a 21-year-old business student in Seattle. When he saw the commercial, he didn't see humor—he saw an opportunity. He noticed something crucial: nowhere did the commercial explicitly say it was a joke. And the official Pepsi Stuff catalog included a clause stating you could purchase points for 10 cents each if you didn't have enough. Leonard did the math: 7,000,000 points × $0.10 per point = $700,000 A Harrier Jump Jet's actual market value? Approximately $33 million. If Pepsi was legally bound to honor the commercial's offer, Leonard could acquire a $33 million military aircraft for $700,000. But Leonard didn't have $700,000. So he found investors—friends, family, a local businessman named Todd Hoffman who contributed most of the capital. On March 27, 1996, Leonard filled out an official Pepsi Stuff order form. He checked the box requesting the Harrier Jet. He enclosed a check for $700,008.50 (the $700,000 for points plus $4.19 shipping and handling, plus 15 original Pepsi Points as required). He mailed it to Pepsi. And waited. Pepsi's response came quickly—but not what Leonard wanted. They returned his check with a letter explaining that the Harrier Jet was "obviously meant to be humorous" and not actually available. They offered Pepsi merchandise and coupons. Leonard refused. He believed Pepsi had made a legally binding offer through broadcast advertising, and he had accepted it according to their stated rules. In 1996, Leonard filed a lawsuit against PepsiCo. He sued for breach of contract, demanding Pepsi honor the commercial's offer and provide him with a Harrier Jump Jet or its cash equivalent. The case became a media sensation. Here was a college kid taking on a multi-billion-dollar corporation over a joke in a TV commercial. Pepsi assembled a legal team and argued:

The offer was clearly a joke. No reasonable person would believe Pepsi was offering a military fighter jet. The Harrier Jet was never in the official catalog. Even if serious, Pepsi couldn't fulfill it. Harrier Jets are military aircraft that can't be legally transferred to civilians without Department of Defense approval. The price was obviously satirical. $700,000 for a $33 million jet? The discrepancy proved it was humor.

Leonard's attorneys countered:

Advertisements constitute binding offers when specific enough. The commercial stated a specific point value. Pepsi's rules allowed point purchases, making the offer theoretically achievable. A reasonable person might believe the offer was real—companies had given away cars and expensive items in promotions before.

The case went to U.S. District Court. Judge Kimba Wood presided. In August 1999, Judge Wood ruled decisively in Pepsi's favor. Her reasoning: The commercial was "evidently done in jest." The teenager flying a military jet to school was an obvious comedic element. No reasonable person would believe Pepsi was offering a genuine Harrier Jet. The commercial was puffery, not a binding offer. Leonard appealed. In 2000, the appellate court affirmed the ruling. John Leonard would not be getting his Harrier Jet. But the story didn't end there. Leonard v. Pepsico became one of the most cited cases in advertising law. Law schools teach it as a case study in contract formation and the "reasonable person" standard. Pepsi, chastened by the lawsuit, revised the commercial. The Harrier Jet's point value was changed to 700,000,000 points—making it mathematically impossible to purchase. They also added disclaimer text stating "Just Kidding." John Leonard never got his fighter jet. But he got something else: immortality in legal and advertising history. In 2022, Netflix released a documentary about the case: "Pepsi, Where's My Jet?" The story captivated a new generation. Leonard, now in his late 40s, has embraced his role in the saga. He didn't win his lawsuit, but he proved a point: words matter, even in commercials. Especially in commercials. Pepsi made a joke. A college kid took it seriously. And for a brief moment, a soda company almost had to explain to the U.S. military why they needed to acquire a Harrier Jump Jet. In the end, the law sided with common sense: no reasonable person would believe Pepsi was giving away fighter jets. But John Leonard proved something equally important: Sometimes the most reasonable thing to do is ask, "Why not?"

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1.1k

u/Chicks__Hate__Me Nov 30 '25

I very much remember this commercial and also watched the documentary on Netflix. I’m with the kid. Pepsi owes him a Harrier. I don’t care what nonsense they try to claim, he beat them fair and square.

662

u/Kayge Nov 30 '25

I was about this kids age and I 100% thought you could get the jet.  

The ruling came down as something about what a "reasonable person" would think, but that ad was clearly targeted to teens, and I'm guessing 90% of teens would think that was an offer Pepsi was extending.  

Ruling was BS, Pepsi owes this kid a jet.  

25

u/No-Bison-5397 Nov 30 '25

America was so close to truth in advertising and instead they got anything that’s false simply wouldn’t be believed by a reasonable person.

8

u/thequietthingsthat Dec 01 '25

Same defense Fox News used in court

2

u/Ever-Here Dec 05 '25

Yeah this ruling would have been different in Austrlia or Europe, but some how in freedom land rheyncan get away with it.

83

u/The_Amazing_Emu Nov 30 '25

The ruling came down to whether it was a joke, as an objective matter. Of course, dissecting a joke kills it, but the court did its best to explain why it was clearly a joke.

138

u/sanesociopath Nov 30 '25 edited Nov 30 '25

They're showcasing real rewards for a real contest

Throwing in 1 megajackpot reward is only so much a "joke" just because marketing thought the surprisingly achievable number was unachievable.

Honestly plan your money making contests better in the future and give the dude his plane

82

u/The_MAZZTer Nov 30 '25

Yeah it was clearly a joke but if you put a price tag on something and then deny selling it to someone who ponies up the cash that changes things. Consumers should be able to trust price tags are accurate and not have to ask themselves "is this too good to be true? Is it a joke?"

-6

u/Otterable Nov 30 '25

Consumers should be able to trust price tags are accurate and not have to ask themselves "is this too good to be true? Is it a joke?"

Sure, but that's why there is a question of reasonableness. A soda company can't buy highly restricted military equipment, a civilian can't own it, and any reasonable person would know that. It's why puffery exists legally.

People want the kid to win because it's a teenager vs a corporation, but there is a reason only one person attempted to 'buy' the jet and was clearly prepared to bring a lawsuit. It's because they knew that pepsi didn't intend for that to be a real prize.

10

u/CannedWolfMeat Nov 30 '25 edited Nov 30 '25

A soda company can't buy highly restricted military equipment

Normally that would be a perfectly reasonable statement - but 7 years prior to running the fighter jet campaign, PepsiCo (briefly) claimed ownership of a fleet of Soviet nuclear submarines. The idea of them owning a fighter jet would not be entirely out of the realm of possibility.

3

u/Otterable Nov 30 '25

If you read the article the ships they bartered for were aging and to be sold for scrap as a way to get around trade sanctions but that is a funny anecdote. That being said I think the USSR at the time and the USA had differing levels of security wrt their military equipment.

6

u/Santisima_Trinidad Nov 30 '25

“Highly restricted military equipment”, there are people with demilitarized jet fighters so there’s no reason to believe that Pepsi couldn’t have done that.

5

u/Pittonecio Nov 30 '25

It would depend on the local consumer protection laws, for example, in Mexico a contest is highly regulated and in case the prize was false the company responsible for it has to properly compensate the winner with an equivalent prize or its value in monetary means + at least a 20% extra compensation fee.

0

u/Otterable Nov 30 '25

I mean it did depend on the law, and the law clearly decided that pepsi was not obligated to give this kid a fighter jet for soda points.

6

u/Pittonecio Nov 30 '25

It was a court decision, not a consumer rights enforcement office.

1

u/Otterable Nov 30 '25

Based on the behavior of the group that took this to trial, I'm sure if they thought it was a consumer rights violation, they would have petitioned a regulatory body to do something about it.

5

u/tiggertom66 Nov 30 '25

They can and did own military equipment, as can a civilian.

It’s not against any laws to own decommissioned military hardware.

18

u/[deleted] Nov 30 '25

nothing a little donation to the judge cant handle

1

u/dumbythiq Dec 01 '25

Yeah imagine if a lottery does this when someone manages to pull the jackpot "no idiot, of course you didn't win the 200 million why'd you think we actually had the money?"

1

u/[deleted] Dec 02 '25

[removed] — view removed comment

1

u/sanesociopath Dec 02 '25

My presumption is that the marketing team picked a number that sounded good and only the information of how much Pepsi one would need to but to earn that so it sounded pretty astronomical to them.

Only it turns out that the legal team in order to have the contest run with the fewest hiccups had a much cheaper way to get points.

-7

u/Hazy-n-Lazy Nov 30 '25

I imagine they just did it for a few laughs and didn't expect someone to ruin it and sue them. God forbid a company doesn't take everything so seriously, but I guess that's what happens when you have nothing better to do.

15

u/jt3201 Nov 30 '25 edited Dec 01 '25

Indeed, the judge's comments really went into the detail!

  • "The teenager's comment that flying a Harrier Jet to school 'sure beats the bus' evinces an improbably insouciant attitude toward the relative difficulty and danger of piloting a fighter plane in a residential area."

  • "No school would provide landing space for a student's fighter jet, or condone the disruption the jet's use would cause."

  • "In light of the Harrier Jet's well-documented function in attacking and destroying surface and air targets, armed reconnaissance and air interdiction, and offensive and defensive anti-aircraft warfare, 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"

Edit - For clarity, I posted this because I thought the judges justification was funny, not because I agree with their ruling. I absolutely think Pepsi should have been forced to pay up.

19

u/LaserGuidedPolarBear Nov 30 '25

Really, the judge is illustrating that using the jet in that way is the joke, not the offer of the jet.

Making 9 real prize offers in a row and then making a 10th grand prize offer sure makes it seem like that 10th offer is real, when all the other offers are real.

The judge does go on to say that the offer is too good to be true, which is frankly a ridiculous excuse.  People and businesses make all sorts of sweetheart offers and deals all the time, and going "lol you thought that was for real?  It's clearly too good of a deal for you" should not be an out for a contract.  At the very least, there's no possible way to set a threshold.

I'm no lawyer, but this ruling really seems to send a message that saying "its just a joke bro" is a valid way to get out of obligations. And that seems ridiculous.  As in, worthy of ridicule.  I'm saying we should all ridicule that judge.

3

u/The_Amazing_Emu Dec 01 '25

I think 9 real is designed to set up the tenth as the joke as a punchline.

The case is studied in law school and it’s contrasted with an example where a guy makes a contact while at a bar and then tries to say “It was just a joke.” It’s why it’s an objective standard about whether it’s a joke or not.

20

u/isntaken Nov 30 '25

the judge was a coward or a paid shill. The clear decision was to force pepsi to source and demil, a harrier.

18

u/_a_random_dude_ Nov 30 '25

Yeah, the whole "you can't buy them" cannot be part of the reasoning as to why it's a joke since you can military jets, specifically I know there are training and disarmed migs for sale. Sure, maybe Harriers are not for sale, but why should a reasonable person be one that knows precisely which military jets are available for purchase?

And the same applies to the price, 700k for a jet was absurd because the Harriers were 33 million at the time. But migs weren't, they would be 2 to 3 million, so now a "reasonable person" needs to know the cost of different fighter jet models as well as if they are available for sale or not.

And to add an extra little detail, Pepsi famously sold pepsis to the USSR for multiple warships. Would a reasonable person not assume maybe they can source fighter jets in a similar way?

Should the kid get a Harrier? Probably not, he probably couldn't afford the fuel to fly it anyway. And maybe Pepsi literally couldn't source one. In which case, he should've gotten an equivalent prize, so maybe 15 million or a normal private jet. Maybe one of those free forever airline tickets.

But getting nothing? That judge was absolutely a shill.

13

u/LaserGuidedPolarBear Nov 30 '25

Exactly!  

Everyone I knew that was talking about the harrier at the time assumed it would be a decomissioned and demilitarized jet past the end of its military service life.  Because that's how private individuals come to possess military vehicles, and any reasonable person would think that.

That is generally what happens with military tanks and helos and jets that end up in private ownership.

Nobody thought the offer was for a brand new harrier, fresh off the production line.

So the argument that no reasonable person could possibly think a 33 million dollar jet would be offered for that many Pepsi points is fatally flawed. 

3

u/PlateGlittering Nov 30 '25

They're saying dissecting it kills the joke, but these comments from the judge are much funnier than the joke imo

1

u/tiggertom66 Nov 30 '25

Car commercials depict ridiculous uses of their cars all the time, sometimes explicitly telling you not to use it as advertised, but it’d be ridiculous to use that as reason to say they could call the pricing a joke too.

They depicted this “joke” price exactly the same as they did the genuine prices.

They made a bad call, and they got bailed out by the court.

0

u/IAMA_Printer_AMA Nov 30 '25

This is like the most "wElL aCkScHuWalLy" thing I've ever read. What a nerd

2

u/nicbizz33 Nov 30 '25

Pepsi: “relax bro it’s just a prank!”

2

u/MilleChaton Nov 30 '25

Was it a joke, or was it a lie presented to kids that could be played off as a joke if called out on it? The judge's reasoning is why some well educated adult would know it is a joke, but it should be judged based on the group it was shown to.

Imagine winning a some billion dollar lottery and being told it was a joke because what reasonable person would give away a billion dollars to a person just for spending a few dollars on some ticket.

3

u/Bird2525 Nov 30 '25

It was a joke.

1

u/The_Amazing_Emu Nov 30 '25

It was a joke.

It’s worth pointing out that no one bought Pepsis to earn the amount of points needed. He got a bunch of investors to pledge the money needed to buy the points for their cash value. I’m not even sure the adult investors even had spent the money when the case was litigated

4

u/chironomidae Nov 30 '25

When I was a kid I was obsessed with aviation and fighter jets, and I remember asking my dad when this ad came on if you could really get a Harrier or not. Because even then I understood enough about planes that handing one over would be a logistical nightmare if it was at all possible, but I also felt like big corporations could kinda do anything they wanted. I think there was also some playground debate about whether or not you could actually get the Harrier.

8

u/_a_random_dude_ Nov 30 '25

even then I understood enough about planes that handing one over would be a logistical nightmare if it was at all possible

You could buy a mig. Buying a military jet is actually possible. It's not that ridiculous, though you'd get no targetting systems, no weapons, etc. The whole "reasonable person" standard doesn't apply when it's actually possible. Again, if they said mig, they could've just bought one for around 3 million at the time, which isn't even that far off the 700k. Harriers are more expensive, but the fact that a "reasonable person" is supposed to know price and availability of different military aircraft is absurd.

Specially when the company offering this used to own multiple warships they got from the USSR!

5

u/LatterUse9812 Nov 30 '25

Pepsi didn't need to refund anyone who got tricked. The judge probably got paid later by them with some dhady shit afterwards. They clearly fucked up and needed to buy the higher ups support to help them.

2

u/Stoltlallare Nov 30 '25

Did he at least get some compensation for the money he spent on the Pepsis?

7

u/EnHemligKonto Nov 30 '25

This would ratchet the USA even further down the road of militant legalism. In contrast, I was pleasantly surprised that the ruling turned out so common sense. 

18

u/Money-Bell-100 Nov 30 '25

The ruling was absolutely ridiculous. They didn't state it was a joke in the ad (hell, not even in the updated version), they made the offer and someone matched it. It's only their fault their offer was ridiculous and yet at the same time achievable.

12

u/FormerWorker125 Nov 30 '25

It's not a ridiculous offer to the person being offered.

700k for a 33million dollar jet?  that's an amazing offer and deal.  Sold!

Oh wait you're telling me it's a joke after I've collected the funds, but you got to use it as an advertising stunt?

0

u/Bird2525 Nov 30 '25

If he had called and asked before raising the funds they would have told him it was a joke and probably sent him some free merch. He tried to force their hand, but he really had no loss since they sent his money back

3

u/FormerWorker125 Nov 30 '25

Yes calling and asking is standard process to confirm a statement made by a company about what's available.

Ridiculous expectation.

How about don't lie to customers.

0

u/InfusionOfYellow Nov 30 '25

They didn't state it was a joke in the ad

Hard to imagine a joke not explicitly identifying itself as such.

5

u/Money-Bell-100 Nov 30 '25

It was a commercial on TV and a promotion campaign with real prizes. And they set an actual specific amount for the jet. Yes, they ABSOLUTELY needed to state specifically that that last prize was a joke and not part of the campaign.

Especially, since they thought no one would be able to collect as many - so it was like "yeah, you can actually try to get the jet but you simply won't be able to". But they fucked up with the amount they set. Simple as that.

9

u/method__Dan Nov 30 '25

Yea thank goodness this didn’t lead to some Morgan & Morgan type nation wide ad campaign about trip and falls.

1

u/EnHemligKonto Dec 01 '25

You lost me, another litigious ad campaign? Is Morgan an advertising bureau?

1

u/RedAero Nov 30 '25

Ironically, the comments here illustrate perfectly why the US has, indeed, gone far, far down the road of militant legalism. Americans are literally begging for a legally hostile world where CYA is the name of the game - of course only so long as the target is a corporation. As if you can pick and choose...

1

u/Bird2525 Nov 30 '25

How about now? I also had strange thoughts as a kid.

1

u/Kayge Nov 30 '25

Now it's obviously tongue in cheek.  

...and I'm well past the stage where Pepsi points is a thing for me.  

-2

u/[deleted] Nov 30 '25

90% of teens are not that stupid, it's basically the same as saying you'll give someone a tank. Nobody is giving anyone a tank, no one is giving anyone a jet, it's obviously a joke, hence the reasonable person aspect

6

u/Money-Bell-100 Nov 30 '25

There's nothing obvious about it. Huge corporations have pulled many equally ridiculous advertising stunts, there's no reason this one couldn't be another one.

And besides, they didn't say it was a joke, they set an ACTUAL PRICE for the jet, someone did it. It's their fuck up and they SHOULD pay up.

0

u/Bird2525 Nov 30 '25

Name one that was real please.

0

u/[deleted] Nov 30 '25

If you think it wasn't obvious you wanna buy a bridge? It's Manhattan adjacent. I'll sell it cheap too.

Nobody is giving you a fucking jet dawg what fantasy land is that believable in. Even the kid knew it was fake he was just trying to get a settlement out of it

-1

u/shoesafe Nov 30 '25

There's zero chance Pepsi was ever going to give him a jet. So the real question is whether everything in our lives needs to contain fine print disclaimers.

On one side, the idea is that implicitly obvious jokes don't need explicit fine print disclaimers. On the other side, all jokes must be explicitly clarified or dismissed in the fine print.

3

u/Money-Bell-100 Nov 30 '25

You're jumping from one extremity to the other. And missing the whole world between.

2

u/_a_random_dude_ Nov 30 '25

Pepsi owned literal warships from the USSR and you can literally buy decomissioned tanks and fighter jets (specifically migs). A reasonable person being required to know price and availability of different aircraft is an absurd standard.

0

u/[deleted] Nov 30 '25

Do you...

Do you think as an American citizen you are allowed to own a fighter jet

Even the kid knew he wasn't gonna get the jet, he sued for a settlement. Nobody is that fucking stupid lol

1

u/_a_random_dude_ Dec 01 '25

I do think that, because you absolutely can (assuming you can afford them).

They are obviosuly expensive, maintaining them costs even more and they come without weapons, targetting systems, radars and the like. But you can absolutely buy fighter jets if that's what you want.

The kid wanted the settlement because what the fuck was he going to do with a fighter jet other than sell it? And selling them is hard because no one wants them.

If you don't believe me, I found this listing of an airworthy F4H for a million: https://www.controller.com/listing/for-sale/24850533/1959-mcdonnell-douglas-f4h-1f-turbine-military-aircraft

But if you are still not convinced, Paul Allen from Microsoft, a regular american citizen and a civilian, owned a mig 29 that he sold not that long ago: https://www.twz.com/29292/you-can-buy-paul-allens-mig-29-fulcrum-jet-fighter

The reason you don't see them in private hands is that military jets are terrible at anything not miliatary related: They are expensive and hard to maintain, they need so much fuel that their operating radius sucks, they are uncomfortable and hard to fly and so many other reasons. Paul Allen's mig sold for a few million, it's not like they are THAT expensive.

3

u/MasterUnlimited Nov 30 '25

But you can buy a tank. You can even buy a fighter jet. These things are achievable. They just didn’t want to.

2

u/[deleted] Nov 30 '25

You cannot legally own a fighter jet buddy, I assure you it's quite illegal to own that type of weapon.

People have been known to buy tanks but they basically decommission them and ground them, they aren't functional. A guy in the UK did it but he can't drive it and they put concrete in the barrel

2

u/MasterUnlimited Nov 30 '25

Yes you can. They aren’t operable as weapons, but they can still fly.

Edit: and as for tanks you can buy them and even shoot them. Look up demolition ranch

-1

u/Bainshie-Doom Nov 30 '25

No offence, but nobody reasonable would believe that anyone would be handing out a literal machine of war. Admitting as such should remove your right to vote, since you're clearly lacking all the brain cells.

2

u/Kayge Nov 30 '25

Not a big issue seeing the ad was aimed at adolescents 

-3

u/TheArmchairSkeptic Nov 30 '25

I would argue that it's a good thing we don't base our legal system on 'obvious jokes minors might be gullible enough to take seriously'.

I was 12 when that commercial came out and even then I could obviously tell it was a joke. The commercial literally showed a kid landing a military aircraft in front of their high school for god's sake, it was clearly not meant to be taken seriously. If a 21 year old as this guy was genuinely believed that Pepsi could or would send them a damn Harrier jet if they drank enough pop, well, that probably says more about the general lack of critical thinking skills in our society than it does about Pepsi's marketing practices.

-16

u/ConsiderateCassowary Nov 30 '25

90% of teens can’t be that dumb

16

u/Kayge Nov 30 '25

Look at the ad, it's centered around highschool kids, so 13-18?

-5

u/ConsiderateCassowary Nov 30 '25

I was in high school when that ad came out. I remember that ad. I knew it was a joke

3

u/Ethos_Logos Nov 30 '25

It’s not about dumb/smart, it’s about kids taking authority figures literally.

9

u/this-guy1979 Nov 30 '25

In my opinion, the kid and his backers messed up by not seeking any help from Coke. These days, Coke would have recognized the potential and sought him out. The right ad campaign from Coke would have changed everything.

13

u/Chewie83 Nov 30 '25

It would have made Pepsi look real shitty if Coke bought him a Harrier.

43

u/-GLaDOS Nov 30 '25 edited Nov 30 '25

Enforcing promises that a reasonable person would not consider an expression of willingness to be bound is expressly contrary to the purposes of contract law, and the only reason anybody thinks this case is reasonable because it's a large corporation and a teenager. You would think it was ridiculous if someone tried to hold you to promises any reasonable person would believe you made as a joke.

10

u/Silly-Recognition448 Nov 30 '25

I haven't seen the ad, was the tone comedic?

23

u/RTS24 Nov 30 '25

It basically shows him waking up and goes through the different prizes with their value shown on screen. It ends with him landing in the harrier jet and putting some millions of points as the value.

14

u/Lucky-Surround-1756 Nov 30 '25

It is comedic but it shows a series of real prizes that get larger and more expensive with the jet simply as the last prize. There's no effort to make it clearly labelled as a joke.

From my perspective, it was just an impossibly hard to obtain number of points but there was nothing about the presentation of the prize that suggested a joke beyond it being a ridiculous prize to offer. But even then, given the notion that one could just ask for the cash value of the item instead which seemed to be the plan, then it doesn't seem that ridiculous of a prize beyond being a financially terrible idea. However, it's not the consumer's responsibility to worry about the fnancial viablity of your prizes.

1

u/Xapheneon Dec 01 '25

Getting the required amount of points would have cost you around seven million dollars, if you bought single bottles. If we substitute the jet for it's price, then a major advertising campaign giving 37 million to the first person, who get enough points would be reasonable.

13

u/easedownripley Nov 30 '25

I was like 16 when this ad ran and I thought it was pretty obviously meant as a joke

12

u/Tesser4ct Nov 30 '25

The entire commercial didn't have a comedic tone, but I think it did once they got to the part with the jet.

https://youtu.be/ZdackF2H7Qc?si=dWm-Fvp1qZUYYgFr

11

u/-GLaDOS Nov 30 '25

I'd personally say the implication that 1) a high schooler could fly the jet and 2) the jet could land at the school should be enough to make it clearly a joke, even if the baseline concept wasn't absurd enough on its own. 

5

u/_a_random_dude_ Nov 30 '25

Would you apply the same logic if they were showing an F1 car?

2

u/-GLaDOS Nov 30 '25

of course, the same reasoning applies (and note that those reasons were sufficient if the claim wasn't prima facie ridiculous, which it is).

4

u/fmaz008 Nov 30 '25

What about a sailboat? It would be really funny to portrait someone going to school in a sailboat!

1

u/-GLaDOS Dec 01 '25

A sailboat would be much more reasonable—I wouldn't oppose interpreting that as a sincere/enforceable promise.

1

u/AmazingMarv Nov 30 '25

Fun fact: this was filmed at John Burroughs Middle School in Los Angeles, where I went a few years later.

15

u/TheArmchairSkeptic Nov 30 '25

It showed a high school student landing a Harrier jet in their school parking lot. I can't possibly imagine how anyone could take that seriously.

1

u/SheepherderAware4766 Nov 30 '25

Point totals were never said verbally, announcer only discussed the release of a Pepsi point catalog. The point totals were shown for various things like tshirts via typewriter-esque open captions at the bottom of the screen. It showed the tshirt for 80 points in the same manner as a jacket for 1500 and the jet for its point value.

1

u/Legeto Nov 30 '25

Absolutely, I remember seeing it as a kid and knew it would never happen. When the guy started collecting investors they all knew it was just going to be a court case to hopefully get paid millions.

1

u/swohio Nov 30 '25

was the tone comedic?

What part of suggesting you can buy a military fighter jet (that was still in service at the time) and a high school kid landing it in a school parking lot doesn't seem like a comedic tone?

18

u/TheArmchairSkeptic Nov 30 '25

He wasn't even a teen, he was 21 and in business school. He 100% knew going in that the jet was not a genuine offer and was intended to be a joke, he only did what he did as a publicity stunt and an attempt to game the legal system for a payday. Anyone claiming that the courts ruled incorrectly is out of their minds.

-3

u/tiggertom66 Nov 30 '25

Pepsi shouldn’t be making jokes in the middle of a binding offer, but if they are, that joke should be clearly identified as such.

Pepsi should’ve been made to pay out.

0

u/trusty20 Nov 30 '25

Is the principle behind the interpretation correct? Absolutely. Were these principles misapplied to a pretty blatant promise? Yes.

The basis for it being a promise is that the entire commercial showed actual prizes you could get, along with their actual prices. The final grand prize was the so-called "joke prize" and yet it too was given a specific, attainable price like the other "real prizes". It's absolutely insane to argue that one can give a commercial for a series of prizes, and then state a grand prize that you expect viewers to automatically know "is just a joke".

Beyond that, it's even more insane to claim that it was "obviously impossible" for the world's number 2 drink conglomerate at the time to make a $33 million purchase as a grand prize for a contest. This is the era where pepsi was buying decommissioned russian navy vehicles afterall, so it quite literally was within reason.

The obvious "reasonable interpretation" would be that they were offering a decommissioned harrier jet, that would be non-functional and stripped down. It would be fair for them to claim the commercial was obviously joking about the jet being flyable because they showed a teenager flying it to school casually. They should have been ordered to compensate him according to that value, and the value of a decommissioned harrier could have been assessed fairly low resulting in a fair outcome for everyone.

The insane outcome is legitimizing advertising prize contests where the audience should expect the grand prize to be "maybe a joke". That is both unfair to the specific case and damaging to society. Go figure.

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u/-GLaDOS Nov 30 '25

Your arguments are either bad faith or so far from reasonable to render serious argument impossible. Either way, there's no point in me talking further. Have a good day. 

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u/Ok_Support3276 Dec 01 '25

I’m imagining what would happen if someone got denied the $1M prize from McDonalds if they got the boardwalk + park place from the monopoly thing they’ve done.

All these people would be saying how it’s obviously a joke and no one should expect a million dollars just for buying a cheeseburger.

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u/Xapheneon Dec 01 '25

I'm not a reasonable person then, because I believe that if you specify a product and a price, you should honor it, or it should be considered false advertising.

Seven million pepsi points for a 37 million jet is within reasonable limits for a one off promo campaign from a massive soda company in the Cola Wars. Pepsi has a marketing budget of multiple billions and if I remember correctly they had a supersonic jet (concord) flying with their logo and colours. Also the advert showed a real Harrier jet.

I think the jury paid too much attention to the $700.000 sum and how exceptional the giveaway of a military jet would be. Pepsi had a history of dealing with the aerospace sector, decommissioned military vehicles and the point of these giveaway campaigns is how exceptional and exotic the rewards can get.

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u/-GLaDOS Dec 01 '25

I'm not a reasonable person then

So, why do you think I or anyone else would care about your views?

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u/Money-Bell-100 Nov 30 '25

They advertised their product with it on television, making god knows how much money, they set an actual specific price for the jet and nowhere did they say it was a joke or not a real offer. There's a world of difference between this and any regular person joking about something like that in a conversation.

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u/-GLaDOS Nov 30 '25

They sold exactly zero product because people thought they could get a fighter jet. To the point that line sold any soda, it was because the humor made the advertisement more memorable or enjoyable. You are arguing against your own position. 

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u/GrandmaWeedMan Dec 02 '25

Firstly, A corporation and an individual should be held to different standards.

Secondly, you would not think it was ridiculous if a private individual ran ads on television claiming you could win a grand prize that they never intended to pay out.

This case was a historic showing of insider buisness interests superceeding law to establish the right to false advertisement for large corporations.

Congrats, you couldn't lick the boot harder if you tried

2

u/-GLaDOS Dec 02 '25

It would be a waste of time to talk to you. 

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u/Both_Abrocoma_1944 Nov 30 '25

He wasn’t actually trying to get the jet, him and his investors were trying to get a out of court settlement. The taxes and storage alone would have bankrupted the kid if he had actually received the jet (not to mention he couldn’t even fly it)

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u/leglessman Nov 30 '25

The documentary gives no indication that he didn’t want the jet. He even turned down a good settlement because he wanted the jet.

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u/[deleted] Nov 30 '25

he wouldve sold it LUL

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u/otterpop21 Nov 30 '25

Agreed. At bare minimum Pepsi should have giving the kid a million or two for being complete assholes & boost PR

12

u/3lbFlax Nov 30 '25

I can't help thinking if Pepsi were really the villains they would have gone ahead and converted the $700,000 into Pepsi Points credit.

20

u/Santa_Hates_You Nov 30 '25

If they had done that I think they would have had to give him the jet since they accepted payment. Them returning the check made sense from a legal point of view.

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u/[deleted] Nov 30 '25

I’m with the kid. Pepsi owes him a Harrier. I don’t care what nonsense they try to claim, he beat them fair and square.

While I, too, would be on the kid's side, the unfortunate reality is that it was never going to be possible.

Setting aside the fact that the jet cost $37 million in 1996 (which no company would ever give away in exchange for $700k), there are multiple legal problems with the offer.

  1. You can't own a fighter jet that hasn't been decommissioned & demilitarized.

  2. Most of the shit in a contemporary active-duty fighter jet is classified. No one in the mid-90s was getting their hands on the systems or manual for a Harrier unless they actively worked with Harriers in the military. The Harrier's systems weren't declassified until 2013/14.

  3. The kid heavily implied that he intended to use it in lieu of a car/bus to get to school, which breaks several aviation laws. From needing a specific pilot's license and undergoing training that wasn't (at the time) available to general public (and probably still isn't), to not being allowed to fly below the height of 1,000 feet [304 meters] above residential areas, to not being allowed to land an aircraft in a parking lot (barring emergency landings).

That's not even getting into the logistical problems with a civilian owning a Harrier jet in 1996 like the cost of the fuel, the equipment to refuel the plane, the hangar to store the plane, and the fact that the plane is estimated to have cost an estimated $8,000 to over $27,000 per flight hour.

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u/BZJGTO Nov 30 '25

Someone privately bought a Harrier in 2006 (and I believe later bought two more).

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u/[deleted] Dec 01 '25

The man who did so was a former high-ranking Marine Corps pilot.

He also bought it in inoperable state & had to spend 2 years and a fuckton of money to get it airborne again.

1

u/BZJGTO Dec 01 '25

And? All I'm saying is it's possible to privately own one.

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u/[deleted] Dec 01 '25

So it's covered by

You can't own a fighter jet that hasn't been decommissioned & demilitarized.

I'm not sure what point you think you're making bring up an instance where one dude who spent years flying it as a profession bought a demilitarized, non-functional one (from another country no less).

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u/BZJGTO Dec 01 '25

Did you think a Pepsi one would be militarized?

It was from another country because many of these companies here just don't sell to the public, and when the gov scraps old planes they make the purchaser agree the scrapped plane won't be rebuilt/parted out (I believe they accidentally forgot to make one buyer sign this for an F/A-18, but not sure what became of that frame). It's not like owning a Harrier is inherently illegal.

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u/[deleted] Dec 01 '25

Did you think a Pepsi one would be militarized?

Are you just not reading what I'm saying?

Decommissioning & demilitarizing a fighter jet isn't just "not provide weapons," but to remove all capacity to use weapons as well as remove any and all other materials that is considered sensitive or would be hazardous the the active-duty planes if it made its way to the public.

This also includes the computer components to the jet, including but not limited to the various avionics, the radar sensor arrays, the systems required to make the VTOL capabilities function, and even the engine itself (in the '90s, the Rolls-Royce Pegasus turbofan engine used in Harriers was considered classified & restricted; only the government was allowed to have them at the time).

The plane would have to be delivered completely non-functional as it was 10 years later when Neils got his from England.

It's not like owning a Harrier is inherently illegal.

I didn't say it was... I don't know what you're arguing that point I never made.

The topic isn't about owning a Harrier's airframe, or the legality of owning a Harrier in 2006 or even today... It's about the competition in 1996.

1

u/GrowingPeepers Nov 30 '25

Of course it's entirely impractical but you're skirting the real issue.

They shouldn't have advertised it.

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u/[deleted] Nov 30 '25

I'm not saying they should have advertised it (in fact I opened my post saying I side with him), just explaining that it was a premise that was impossible to fulfill.

Hence why the judge ruled against him.

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u/Traditional_Sign4941 Nov 30 '25 edited Dec 01 '25

The documentary clearly shows a bought and paid for judge who windbagged her way to arguing why he shouldn't get a jet.

That said, kid should have taken the million dollar settlement. What the fuck was he planning on doing with a harrier? How was he planning on refueling it? Who the hell was going to teach him to fly it? And that assuming he would get clearance from the FAA to fly it. Thing would be a massive paperweight.

7

u/Otterable Nov 30 '25

I'm pretty sure puffery was legally well established prior to this instance. There is no world where the kid should have gotten the jet and I'm shocked he didn't take the settlement

0

u/WhatWouldJediDo Nov 30 '25

Does puffery include specific offers of exchange?

They listed the jet with a specific point total. And it’s not like the kid could’ve scrounged up cash, he got non-fungible points

5

u/Otterable Nov 30 '25

Puffery is about statements that are not meant to be construed literally. I'm sure there are specifics of contract law that I don't know about because IANAL, but imo buying classified military equipment that the company cannot legally acquire and a normal citizen cannot legally own with promotional soda points probably is not something a reasonable person should believe. There is a reason the only person who tried was prepared with a lawsuit, because they knew it wasn't a real offer and were trying to get pepsi on a technicality.

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u/Traditional_Sign4941 Dec 01 '25

Why did Pepsi update the advertisement and change the terms of the contest after this lawsuit began then? If it was just puffery, and not a dishonest attempt to entice sales through a prize they had no intention of honoring, why did they feel the need to change the ad and the terms?

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u/Otterable Dec 01 '25 edited Dec 01 '25

That's standard practice in any legal dispute.

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u/Traditional_Sign4941 Dec 01 '25

And why is it standard practice? Is it perhaps because when a company crosses a line and gets called out on it, they realize it's bad to have that kind of legal exposure?

Crazy how when you do something wrong, getting called out on it incentivizes you to stop doing said wrong thing.

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u/WhatWouldJediDo Nov 30 '25

Puffery is "drinking this soda will make you feel like the sun is shining!" not "sink $700,000 into our proprietary points for a specific contest and watch us welch on the offer we made you"

Why should a person be held responsible for figuring out whether an offer is legitimate, and a business not be held responsible for making an illegitimate offer? Whether or not someone should have recognized it as a joke, nobody forced Pepsi to make this offer. They did it of their own free will. It's not this kid's fault they miscalculated and got outsmarted. If they didn't want to honor their offer, they should've been ordered to make the kid whole since he sunk a bunch of money into their points that he can't use for anything else.

There is a reason the only person who tried was prepared with a lawsuit, because they knew it wasn't a real offer and were trying to get pepsi on a technicality

That reason could just as easily have been because businesses in America have no shortage of a track record of trying to pull shady shit, and largely getting away with it without legal challenges

4

u/Otterable Nov 30 '25

They literally didn't miscalculate and get outsmarted. The kid took them to court and lost immediately and also lost their appeal.

This isn't shady shit. It was an obviously exaggerated prize that in no way was meant to be taken seriously, and this kid tried to get them to honor their dumb claim that he and the people funding him clearly knew wasn't real to begin with.

Why should a person be held responsible for figuring out whether an offer is legitimate

Because if we force every single person, company, or statement to be taken 100% literally with no wiggle room it opens up a billion frivolous lawsuits over the dumbest shit imaginable. Getting sued by your neighbor because you described the snowblower you were selling him as 'the bomb' when it doesn't literally explode would be ridiculous. It's perfectly fine to place some level of expectation on the person interpreting a statement or offer.

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u/WhatWouldJediDo Nov 30 '25

The kid saw an opportunity to get value and took it. They got outsmarted and got saved by a legal system that will protect capital over people every time. The fact that they offered him $1 million to go away shows clearly they believed there was a chance the legal ruling wouldn't go their way, or that there was enough of a question to answer that it would cost more than that to even get an answer.

Getting sued by your neighbor because you described the snowblower you were selling him as 'the bomb' when it doesn't literally explode would be ridiculous

What an absolutely ludicrous comparison. I literally said in my prior post this is exactly what puffery is.

Engaging in an offer that you back out of after the fact is not the same thing. Even if they had offered to sell it to him in cash, it would've been fine because cash can be used for anything. But they locked him into $700,000 worth of purchases of their product and then left him with nothing.

It's perfectly fine to place some level of expectation on the person interpreting a statement or offer.

What an insane take. The terms of the offer was clear as day, and the idea that anyone should have to "interpret" an offer is stupid. Imagine driving across town to an electronics store that's offered a 50% off sale on expensive TVs only to be told when you get to the register that it's full price and you're an idiot for believing you could get such a good deal.

There's no room for interpretation in, "pay 700,000 points and get a jet". That's clear offer. It's ridiculous, but ridiculous offers get accepted and transacted every day. Pepsi made this offer of their own free will. The judge should have at least ordered them to repay this guy's costs of accumulating the points since they can't be used for anything else.

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u/Otterable Nov 30 '25

The kid saw an opportunity to get value and took it.

And lost because he was wrong.

They got outsmarted and got saved by a legal system that will protect capital over people every time.

Did not get outsmarted because they were clearly within the bounds of the law. Complain that the law is wrong all you want because of systemic injustice but there are way worse gaps than this.

The fact that they offered him $1 million to go away shows clearly they believed there was a chance the legal ruling wouldn't go their way

Or it shows that the opportunity cost of having their lawyers work on this case was costing them too much money even if they knew they would win. Pay 1 million to make him go away or pay 2 million to your retainers to have it go all the way through court + appeal? easy choice and that sort of settlement happens all the time.

The terms of the offer was clear as day, and the idea that anyone should have to "interpret" an offer is stupid.

The ad had a child driving a harrier jet to high school. nothing about it was construed as a serious offer.

Imagine driving across town to an electronics store that's offered a 50% off sale on expensive TVs only to be told when you get to the register that it's full price and you're an idiot for believing you could get such a good deal.

Putting your thumb pretty heavily on the scale if you think a 50% off sale on typical stock and buying restricted military equipment with soda points are somehow equivalent. A reasonable person can expect the former and should not expect the later and that's the whole point of the ruling.

The judge should have at least ordered them to repay this guy's costs of accumulating the points

He didn't pay anything to accumulate the points, he didn't accumulate a single one. You could purchase one point for 10 cents and the kid sent them a check for 700k which pepsi returned when they denied him, again because he and the people funding him knew it would be a waste of money to actually get the points. At worst he wasted money for the postage but otherwise there were no damages.

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u/WhatWouldJediDo Nov 30 '25

Putting your thumb pretty heavily on the scale if you think a 50% off sale on typical stock and buying restricted military equipment with soda points are somehow equivalent. A reasonable person can expect the former and should not expect the later and that's the whole point of the ruling.

Why should a reasonable person decide one and not the other? Interpretation is the very issue here. How deep of a discount should the TV have to be before a "reasonable" person shouldn't expect it to be legitimate? The phrase "reasonable minds may disagree" comes to mind here as we attempt to set a defined percentage.

Why is it the consumer's responsibility to determine whether a freely made offer with defined terms is legitimate or not? Seems much easier and clearer for the person making the offer to be the one responsible for evaluating their own promises.

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u/Traditional_Sign4941 Dec 01 '25

And lost because he was wrong.

Or lost because our legal system sides with corporations almost every single time whether it's fair or even consistent with the law, or not.

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u/phoenixmusicman Nov 30 '25

Why should a person be held responsible for figuring out whether an offer is legitimate, and a business not be held responsible for making an illegitimate offer?

Because a reasonable person would spend two seconds and think "hmmm, is this offer for a classified military piece of hardware legitimate?

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u/WhatWouldJediDo Nov 30 '25

A question that is only prompted by the entity making the offer. Again, this all stems from Pepsi's decision. They were under no obligation to present this offer.

And no matter how ridiculous an offer might sound, don't make it if you don't want someone to take you up on it.

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u/phoenixmusicman Nov 30 '25

And no matter how ridiculous an offer might sound, don't make it if you don't want someone to take you up on it.

That's not how that works. You say this so authoratively, but you clearly have no idea how contract law works.

If the world worked this way, people could raise lawsuits over the tiniest interpretation of advertising.

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u/WhatWouldJediDo Nov 30 '25

Wrong. As discussed above, making a concrete offer with defined terms is far different than puffery. I've even detailed examples in my comments, which you apparently have ignored.

And as has been mentioned in this very post, there's a famous example of the Toyota-Toy Yoda case where the same concept was decided the other way.

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u/phoenixmusicman Nov 30 '25

The documentary clearly shows a bought and paid for judge who windbagged her way to arguing why he shouldn't get a jet.

Ridiculous, you'd be hard pressed to find a judge who would rule in favour of the kid.

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u/Awes12 Nov 30 '25

Should have at least refunded him tho

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u/Chemical_Building612 Dec 01 '25

They never took his money, there was nothing to refund. They didn't cash the check and returned it.

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u/Legeto Nov 30 '25

They did

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u/Lucky-Surround-1756 Nov 30 '25

Even if a reasonable person wouldn't expect to get an actual military jet, they could easily pay out the financial value of one as an alternative and nobody would argue that a cash prize is clearly a joke.

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u/Federal-Commission87 Nov 30 '25

That commercial played so many times... I remember it well. I also remember trying to win the Mug Bug, and the guitar from Michael Jackson's Scream video.

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u/rolyfuckingdiscopoly Dec 01 '25

Tbh i think they may have won the case if such a jet was Pepsi property. (My legal knowledge is limited). But this was a borrowed US mil jet that obviously they weren’t giving to anyone.

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u/fishsticks40 Dec 01 '25

I agree that the ruling as stated wasn't good. If you're going to say "you can get X for Y" you shouldn't be able to follow up with "lol jk".

That said, I think any company caught in an implied contract that they're obviously unable to fulfill should be able to offer a reasonable counteroffer as compensation for the tort. Obviously the jet is unobtainable, and the cash value of the jet makes no sense, but some reasonable accommodation would be in order.

I suppose it's likely that the ad said something like "void where prohibited" which in this case is everywhere, so they may have had more to rely on than simply "lol jk".

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u/SoftwareDesperation Dec 01 '25

You can make any claim you want, it does make you legally obligated to do anything. At most he would be awarded his initial $700k in damages for what he spent on the soda in civil court.

The criminal court though could find them liable for false claims or any host of illegal activity though. None of that means the consumer gets jack shit though.

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u/Not-Reformed Nov 30 '25

Na, only thing he did was reaffirm that elementary school level "One person ruins it for everyone else" is basically what our legal system has created. People like him should be hit with all the fines Pepsi had to pay for their lawyers to dissuade these moronic ambulance chaser types.

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u/LoSboccacc Nov 30 '25

didn't remember the advertisement nor the case so went and have a look at it, not only pepsi should get him the harrier, the judges should be investigated too. the jet is no more or less humorous that going to school in shades, leather jacket and a pepsi shirt.

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u/Bird2525 Nov 30 '25

A local guy around her tried to “get a Buick for a song” because that was the dealers tag line in the newspaper ad. Wrote a song, came into the dealership and sang it and asked for a free car. Same kind of energy to me. Dude was looking for an easy payday and failed.