A disappointed TV viewer sued Pepsico for failure to provide the Harrier jet he thought he had won in the soft drink company's "Pepsi Stuff" ad campaign. The TV commercials in the campaign featured various apparel and leisure items that could be obtained in exchange for Pepsi Points. Pepsi Points were obtained through purchasing Pepsi products, or, if you read the fine print, could be purchased for ten cents each. The close of one commercial showed a teenager arriving at school in a Harrier Jet with a Pepsi logo on it and offered the jet for 7,000,000 Pepsi Points. Leonard accumulated 15 actual Pepsi Points and submitted them with a check for $700,008.50 to purchase the balance of Pepsi Points he needed for the Harrier Jet (and $10.00 for shipping and handling as per the contest rules). But, he received no Harrier Jet. He resubmitted his Pepsi Stuff order twice more. Still no jet. Leonard now has turned to the courts to redress the damages he will continue to suffer until his jet is delivered. His suits alleges specific performance, breach of contract, fraud, deceptive and unfair trade practices, and, finally, misleading advertising against the Purchase, N.Y. soft drink company. Pepsi reportedly filed a suit in New York to block Leonard's suit on the grounds that it is frivolous.

IN THE CIRCUIT COURT OF THE ELEVENTH 
JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, 
FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO: 96-15647

JOHN D.R. LEONARD, Plaintiff

vs.

PEPSICO, INC., Defendant

 COMPLAINT

Plaintiff, JOHN D.R. LEONARD, sues Defendant, 
PEPSICO, INC. and alleges as follows:

JURISDICTION AND VENUE

1. This is an action for damages in excess of $15,000.00 
exclusive of interest, costs and attorney's fees.

2. Plaintiff, JOHN D.R. LEONARD ("LEONARD"), is a 
resident of Seattle, Washington, and is otherwise sui juris.

3. Defendant, PEPSICO, INC. ("PEPSI"), is a North 
Carolina corporation with its principal place of business in 
Purchase, New York at Anderson Hill Road, Purchase, 
New York, 10577, and is doing business in the state of 
Florida.

FACTUAL ALLEGATIONS

4. PEPSI is a corporation primarily engaged in the business 
of producing and distributing soft drinks world wide. To 
promote the sale of its products here in the United States, 
PEPSI launched a national advertising campaign utilizing 
various forms of media, the most significant of which is the 
use of television commercials.

5. Specifically, this national advertising campaign, coined, 
"Pepsi Stuff," consists of offering various merchandise, for 
sale, to the general public in exchange for Pepsi Points. 
Pepsi Points are actually a promotional item, much like 
phoney money, which entitle a participant to receive prizes 
based upon the amount of points assigned to a particular 
prize. Each prize offered in the Pepsi Stuff campaign can be 
obtained by a participant simply by tendering his/her Pepsi 
Points to PEPSI.

6. Pepsi Points can be acquired in two ways. One method is 
to purchase specifically marked packages of PEPSI 
products from vendors throughout the country who sell 
PEPSI products. The second method is to purchase points 
directly from PEPSI, via an order form, for 10 cents per 
point. There is no limit to the amount of points one is 
allowed to purchase.

7. The most notable of the Pepsi Stuff television 
commercials feature a new Harrier Jet, among as 
assortment of other prizes, which are offered to the general 
public. As part of the television commercial, PEPSI 
conspicuously displayed the amount of Pepsi Points needed 
to obtain a particular prize. PEPSI offered the new Harrier 
Jet in the television commercial for seven (7) million Pepsi 
Points.

8. LEONARD first noticed the Pepsi Stuff television 
commercials offering the new Harrier Jet in Seattle, 
Washington, which commercial was also broadcast in the 
state of Florida. This television commercial actually depicts 
an individual flying to school in his new Harrier Jet and 
then offers the jet as one of the Pepsi Stuff prizes.

9. LEONARD, in accordance with the rules and regulations 
of the Pepsi Stuff promotional campaign, accepted PEPSI's 
offer of the new Harrier Jet, by obtaining 15 original Pepsi 
Points and then purchasing the remaining Pepsi Points at 
$.10 a point for 6,999,985 points, for the total sum of 
$699,998.50.

10. On March 28, 1996, LEONARD duly tendered the 
seven (7) million Pepsi Points to PEPSI in exchange for the 
new Harrier Jet by delivering to PEPSI (1) an original Pepsi 
Stuff order form, (2) 15 original Pepsi Points, and (3) a 
check in the amount of $700,008.50 (for the remaining 
6,999,985 points, plus shipping and handling), all in 
accordance with the rules and regulations of the Pepsi Stuff 
promotion. A true and correct copy of those items are 
attached hereto as Composite Exhibit "A."

11. Surprisingly, on May 7, 1996, PEPSI, by and through 
its employees and/or agents, Young America Corporation, 
failed and refused to process the items contained in 
Composite Exhibit "A" tendered by LEONARD, and more 
importantly failed and refused to provide the new Harrier 
Jet to LEONARD.

12. On May 14, 1996, LEONARD resubmitted  the original 
15 Pepsi Points, the original order form and check for 
$700,008.50 (Composite Exhibit "A"), to PEPSI's Agent, 
Young America, which was refused a second time.

13. On May 24, 1996, LEONARD resubmitted the entire 
package (Composite Exhibit "A") to Pepsi's New York 
headquarters. PEPSI refused to process the order as well.

14. To date, despite LEONARD'S reliance on PEPSI'S 
nationally televised offer of a new Harrier Jet, in exchange 
for seven (7) million Pepsi Points, PEPSI has failed and 
refused to deliver this prize, thereby breaching its own offer 
to the detriment of LEONARD.

15. All conditions precedent to this action have been 
performed, excused or waived.

16. LEONARD has retained the undersigned law firm for 
the purposes of maintaining this suit and is obligated to pay 
it a reasonable fee.

COUNT I [Specific Performances]

17. Plaintiff hereby realleges and incorporates paragraphs 1 
through 16 as if fully set forth herein.

18. PEPSI, by and through its national advertising 
campaign, known as Pepsi Stuff, offered a new Harrier Jet 
for sale to the general public under certain conditions 
precedent, namely the tender of seven (7) million Pepsi 
Points, as more particularly described above.

19. On March 28, 1996, LEONARD, in accordance with 
the rules and regulations of the Pepsi Stuff promotion, 
accepted the offer, met all of the above conditions 
precedent (which included providing the advertised 
consideration to PEPSI for the new Harrier Jet) and a 
binding contract was formed.

20. LEONARD is ready, willing and able to take 
possession of the new Harrier Jet, however, PEPSI has 
failed and refused to fulfill its contractual obligations to 
LEONARD by not delivering the new Harrier Jet in 
exchange for seven (7) million Pepsi Points tendered by 
LEONARD. Accordingly, PEPSI has breached the contract 
between the parties.

21. Since the subject matter of the contract, a new Harrier 
Jet, is of such a special nature and peculiar value and is a 
specifically identifiable and inherently unique item, 
LEONARD is without an adequate remedy at law to redress 
his injuries if PEPSI is not required to perform its 
obligations under the contract by delivering the new Harrier 
Jet to LEONARD.

22. As a direct and proximate result of PEPSI's breach of 
contract, LEONARD has and will continue to suffer 
damages, unless PEPSI completes its performance of the 
contract as described above.

WHEREFORE, Plaintiff, LEONARD, prays that this 
Honorable Court: (1) exercise its equitable powers over the 
subject matter of this action requiring specific performance 
of the contract as between the parties; (2) enter a judgment, 
order or decree directing or otherwise requiring PEPSI to 
accept the tender of seven (7) million Pepsi Points from 
LEONARD and deliver and/or otherwise transfer the new 
Harrier Jet to LEONARD; and (3) fashion any and all 
appropriate remedies the Court deems necessary and proper 
to carry out performance of the contract by PEPSI to 
LEONARD.

COUNT II [Breach of Contract (In the Alternative)]

23. Plaintiff hereby realleges and incorporates paragraphs 1 
through 16 as if fully set forth herein.

24. PEPSI, by and through its national advertising 
campaign, known as Pepsi Stuff, offered a new Harrier Jet 
for sale to the general public under certain conditions 
precedent, namely the tender of seven (7) million Pepsi 
Points, as more particularly described above.

25. On March 28, 1996, LEONARD, in accordance with 
the rules and regulations of the Pepsi Stuff promotion, 
accepted the offer, met all of the above conditions 
precedent and a binding contract was formed.

26. PEPSI has failed to fulfill its obligations to LEONARD 
and more particularly set forth above and therefore, PEPSI 
has breached the contract between the parties.

27. As direct and proximate result of PEPSI's breach of 
contract, LEONARD has suffered damages.

WHEREFORE, Plaintiff LEONARD, demands judgment 
against Defendant, PEPSI, for damages, together with 
attorney's fees and costs.

COUNT III [Fraud]

28. Plaintiff hereby realleges and incorporates paragraphs 1 
through 16 as if fully set forth herein.

29. PEPSI, by and through its nationally advertised 
television commercial featuring a new Harrier Jet, made 
knowingly false statements and representations to 
LEONARD, concerning its offer of the new Harrier Jet as 
one of the prizes which could be obtained in the Pepsi Stuff 
promotional campaign.

30. Specifically, PEPSI misrepresented the fact that a new 
Harrier Jet could be acquired by a member of the general 
public for seven (7) million Pepsi Points, when in fact, 
PEPSI had absolutely no intentions of fulfilling its promise 
to do so.

31. PEPSI knowingly made these false statements and 
representations in its television commercial, which 
statements were material misrepresentations of fact, with 
the intent to induce members of the general public, such as 
LEONARD, into purchasing PEPSI products and thereby 
increasing its profits. Accordingly, by virtue of its running 
the Pepsi Stuff commercial nationwide, it was foreseeable 
by PEPSI that the offer of a new Harrier Jet would either 
directly increase the sale of its products for Pepsi Points or 
the purchase of Pepsi Points itself.

32. LEONARD detrimentally relied on PEPSI's false 
statements of material fact when on March 28, 1996, 
LEONARD duly tendered seven (7) million Pepsi Points to 
PEPSI in exchange for the new Harrier Jet by delivering to 
PEPSI (1) an original Pepsi Stuff order form, (2) 15 
original Pepsi Points, and (3) a check in the amount of 
$700,008.50 (for the remaining 6,999,985 points, plus 
shipping and handling), all in accordance with the rules and 
regulations of the Pepsi Stuff promotion.

33. As a direct and proximate result of PEPSI's failure and 
refusal to honor, accept and process  LEONARD's tender of 
the items set forth in Composite Exhibit "A", to obtain 
seven (7) million Pepsi Points in exchange for a new 
Harrier Jet, LEONARD has suffered damages.

WHEREFORE, Plaintiff, LEONARD, demands judgment 
against Defendant, PEPSI, for damages and such other and 
further relief as this Court deems just and proper and 
reserves the right to amend the Complaint to seek punitive 
damages upon proper proffer pursuant to Florida Statutes.

COUNT IV [Deceptive and Unfair Trade Practices]

34. Plaintiff hereby realleges and incorporates paragraphs 1 
through 16 as if fully set forth herein.

35. This action is brought against PEPSI pursuant to 
Florida's Deceptive and Unfair Trade Practices Act, Sec. 
501.201, Florida Statutes, et. seq.

36. PEPSI, through its nationally advertised television 
commercials as described above, offered a new Harrier Jet 
as one of the prizes that could be obtained in the Pepsi Stuff 
promotional campaign, which commercial was broadcast in 
the state of Florida.

37. PEPSI misrepresented and misled the general public, 
and particularly LEONARD, in the television 
advertisement, by offering a new Harrier Jet for seven (7) 
million Pepsi Points, when in fact, PEPSI had absolutely no 
intention of fulfilling its promise to do so.

38. PEPSI's failure and refusal to provide LEONARD  with 
a new Harrier Jet after LEONARD had accepted its offer by 
delivering to PEPSI (1) an original Pepsi Stuff order form, 
(2) 15 original Pepsi Points, and (3) a check in the amount 
of $700,008.50 (for the remaining 6,999,985 points, plus 
shipping and handling), all in accordance with the rules and 
regulations of the Pepsi Stuff promotion, constitutes a 
willful violation  of Florida's Deceptive and Unfair Trade 
Practices Act, Sec. 501.201 Florida Statutes, et. seq. and as 
a direct and proximate result LEONARD has suffered 
damages.

WHEREFORE, Plaintiff LEONARD, demands judgment 
against Defendant, PEPSI, for damages, including 
attorney's fees and costs as provided by statute and for such 
other and further relief as this Court deems just and proper.

COUNT V [Misleading Advertising]

39. Plaintiff hereby realleges and incorporates paragraphs 1 
through 16 as if fully set forth herein.

40. This action is brought against PEPSI pursuant to 
Florida's Fraudulent Practices Act, Sec. 817.41 Florida 
Statutes (1993).

41. PEPSI, through its nationally advertised television 
commercials offering a new Harrier Jet, which a 
commercial was broadcast in the state of Florida, made 
knowingly false, deceptive and misleading representations 
to LEONARD, as a member of the general public, 
concerning its offer of the new Harrier Jet as one of the 
prizes which could be obtained in the Pepsi Stuff 
promotional campaign.

42. Specifically, PEPSI misrepresented a material fact that 
a new Harrier Jet could be acquired for seven (7) million 
Pepsi Points, when in fact, PEPSI had absolutely no 
intentions of fulfilling its promise to do so.

43. PEPSI knowingly made these false, deceptive and 
misleading statements in its television commercial, for the 
purpose of inducing or causing members of the general 
public, and particularly LEONARD, to purchase its 
products or Pepsi Points under false pretenses.

44. Such practices constitute a willful violation of Sec. 
817.41, Florida Statutes (1993) and as a direct and 
proximate result, LEONARD has suffered damages.

WHEREFORE, Plaintiff LEONARD, demands judgment 
against Defendant, PEPSI, for damages, including 
attorney's fees and costs as provided by statute and for such 
other and further relief as this Court deems just and proper.

DEMAND FOR JURY TRIAL

45. Plaintiff demands a trial by jury of all issues so triable 
as a matter of right.

Respectfully submitted this 6th day of August, 1996.

SCHANTZ, SCHATZMAN & AARONSON, P.A. 
Attorney for John D. R. Leonard Suite 1050, First Union 
Financial Center 200 South Biscayne Boulevard Miami, FL 
33131-2395 (305) 371-3100

 By: /s/ Lawrence Schantz, Esquire Florida Bar No: 143910

By: /s/Alan P. Dagen, Esquire Florida Bar No: 0456335