Sierra Mist Lawsuit What You Need to Know header page

Sierra Mist Lawsuit: What You Need to Know

In January 2023, PepsiCo discontinued its lemon-lime soda, Sierra Mist, and replaced it with Starry. Many Sierra Mist fans felt blindsided by the sudden switch, with some claiming that PepsiCo misled them. The Sierra Mist lawsuit alleges that Starry was marketed in a way that made it seem like a rebrand of Sierra Mist rather than a completely new product.

At Sparrow, we help consumers understand their rights when facing legal issues with product changes and marketing claims. Our expertise in consumer protection lawsuits ensures that you receive the right guidance in navigating complex disputes like the GOLO class action lawsuit. We assist clients in understanding how deceptive marketing or inadequate product transparency can lead to legal actions and how to respond effectively.

Drawing on our industry expertise, we’ve put together this guide to explain the key points of the Sierra Mist lawsuit. We’ll cover what led to the potential lawsuit, why Starry replaced Sierra Mist, and what this could mean for PepsiCo and consumers.

Let’s dive in!

Background of The Sierra Mist Lawsuit

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The Sierra Mist lawsuit stems from PepsiCo’s decision to discontinue the soda and launch Starry as its replacement. Introduced in 1999 as a competitor of Sprite, Sierra Mist struggled to gain a significant market share, prompting PepsiCo to phase out the brand in early 2023.

Over the years, PepsiCo attempted several rebranding efforts to revitalize Sierra Mist, including changing its name to Mist Twist from 2016 to 2018, but these efforts were unsuccessful. Sierra Mist held less than 1% of the market when PepsiCo officially conceded in the Starry vs Sprite beverage war by discontinuing the product in 2023.

In response, PepsiCo launched a new lemon-lime-flavored soda called Starry, which was designed to appeal to Gen Z consumers. PepsiCo’s Chief Marketing Officer Greg Lyons described it as “bright, optimistic, and rooted in culture and fun.” The brand even calls Starry “the next choice of the new generation” on the PepsiCo website.

However, many Sierra Mist fans were caught off guard by this sudden change and felt misled. PepsiCo did not clearly communicate that Starry was an entirely new product and not a simple rebrand. This miscommunication highlights the importance of transparent branding strategies in maintaining customer trust. 

Key Legal Claims in The Sierra Mist Lawsuit

While no official lawsuit has been filed, consumers and industry experts raise concerns about the potential legal claims from PepsiCo’s decision. The primary issues include:

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Misleading Advertising

Consumers argue that PepsiCo misled consumers by not clearly differentiating between Sierra Mist and Starry. The ongoing Sierra Mist lawsuit claims that PepsiCo’s marketing campaigns suggested that Starry was simply a rebrand of Sierra Mist when, in fact, it was a completely new product. Many consumers expected Starry to taste like Sierra Mist and were disappointed when they discovered that it had a different flavor profile.

Trademark Confusion

As consumers grapple with the recent changes to the Sierra Mist brand, allegations against PepsiCo for mishandling the trademark arise. Consumers argue that by introducing Starry without informing the public that Sierra Mist had been discontinued, PepsiCo confused consumers about the brand’s status. Some were left asking: What exactly did Starry replace? Was Sierra Mist still available under a new name?

Failure to Provide Adequate Notice

Consumers claim that PepsiCo did not give them enough notice about the discontinuation of Sierra Mist. Claimants argue that if PepsiCo had been more transparent about its decision to phase out Sierra Mist, loyal Sierra Mist drinkers would not have been frustrated and feel blindsided by abruptly removing the beverage from the store shelves.

Soda Market Disruption

The claim highlights the broader market implications of PepsiCo’s decision to replace Sierra Mist with Starry. Retailers and consumers were left uncertain about the future of Sierra Mist, resulting in disruptions to sales and consumer trust. Claimants argue that PepsiCo handled this situation that harmed its relationship with customers and disrupted the lemon-lime soda market.

Trademark Controversy: The Alleged Reason Behind Changing Sierra Mist Name

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A surprising twist in the Sierra Mist rebranding saga involves a viral TikTok post by a content creator named Cierra Mistt. In the post, Cierra Mistt claimed that PepsiCo went after her due to the similarity of her online name to Sierra Mist. The company allegedly sent her a cease-and-desist letter accusing her of trademark infringement. 

So, why did Sierra Mist change its name? Cierra Mistt claimed in a YouTube video last July 2023 that after discovering that PepsiCo had allegedly let the Sierra Mist trademark expire, she swooped in and secured the rights to the name. She speculated that this move is the real reason Sierra Mist is now rebranded as Starry.

But how much of this is true? While the story has taken off on TikTok and sparked viral interest, some believe it might just be a publicity stunt—possibly by Cierra Mistt herself to gain attention or as a marketing ploy.

Registered trademarks, unlike copyrights, need to be renewed, but PepsiCo still holds active trademarks, such as logos for Sierra Mist, as confirmed by the US Patent and Trademark Office (USPTO). The likelihood that the company “forgot” to renew such a high-profile brand name seems far-fetched.

So, while Cierra Mistt’s videos have certainly grabbed attention, it’s highly doubtful that PepsiCo rebranded Sierra Mist because of legal reasons concerning a TikTok creator.

PepsiCo’s Response To The Alleged Sierra Mist Lawsuit

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PepsiCo has defended its decision by emphasizing that Starry is a completely new product. Danielle Barbaro, Vice President of Research and Development at PepsiCo North America, highlighted that Starry was developed to have stronger citric acid flavors and a “crisper, more aromatic” taste compared to Sierra Mist. 

The company claims that Starry was developed after extensive market research, indicating a growing demand for lemon-lime soda, coupled with a lack of interest in Sierra Mist. As such, Starry was specifically designed to appeal to younger consumers.

PepsiCo has highlighted the differences between Starry and Sierra Mist, focusing on Starry’s fresher flavor and modern branding. The company has launched an aggressive marketing campaign for Starry, featuring the slogan “Starry Hits Different” and focusing heavily on digital and social media platforms like TikTok to attract young and trend-savvy consumers. 

Additionally, PepsiCo even had the naming rights to the most recent NBA Three-Point Contest due to sponsorship deals.

Regarding the allegations of misleading advertising, PepsiCo denies that it misled consumers. The company argues that it was clear from the outset that Starry was a new product and did not intend to deceive consumers. PepsiCo claims that it followed standard marketing practices and acted in good faith when introducing Starry to the market.

Settlement Details for Sierra Mist Lawsuit

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As of now, there are no specific settlement details available for the Sierra Mist lawsuit. Typically, in cases like this, settlements may involve PepsiCo offering compensation to consumers who were affected by the product change, but this will depend on how the Sierra Mist lawsuit progresses through the courts.

If a settlement is reached, consumers who felt misled or confused by the transition from Sierra Mist to Starry may be eligible for compensation. This could include monetary refunds for purchases made under the assumption that Starry was simply a rebrand of Sierra Mist, as well as compensation for damages related to misleading marketing practices.

How to Stay Updated on the Sierra Mist Lawsuit

While no official Sierra Mist lawsuit has been filed yet, it’s important to stay informed about future developments involving the case. PepsiCo’s decision to discontinue Sierra Mist in favor of Starry raises the potential legal claims concerning misleading product advertising.

If you believe you have been affected by such deception, learning how to join a class action lawsuit ensures you receive the right compensation. Stay informed throughout the process so you don’t miss any important updates with this guide:

1. Monitor the PepsiCo Website

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Keep an eye on PepsiCo’s official website for updates on their products, including any statements related to Starry or the discontinuation of Sierra Mist. If the company makes any formal announcements regarding potential legal matters, product transparency, or consumer concerns, they are likely to appear in the News or Press Releases sections.

2. Follow Reputable Legal and Consumer News Sources 

To get real-time updates and expert insights, follow trusted outlets like CNN Business or Fortune, which have reported on the transition from Sierra Mist to Starry. These sources often provide objective analysis of emerging legal claims and industry reactions, helping you understand complex legal issues as they develop.

3. Subscribe to Consumer Protection Organizations 

Sign up for newsletters from consumer protection groups like the Consumer Federation of America or state-level advocacy organizations to keep informed about any potential class action lawsuits. These groups often report on cases involving misleading marketing and product changes, providing timely updates on legal developments of the specific lawsuit.

4. Set Up Legal Alerts 

Consider setting up alerts on legal databases like PACER or LexisNexis to stay ahead of any legal filings related to Pepsi-Cola or Sierra Mist. These platforms send notifications whenever new filings or court decisions are made, allowing you to follow and track any legal action from the moment it starts.

5. Follow Sparrow Blog for Updates on Class Settlements

At Sparrow, we provide detailed, up-to-date coverage and insights into high-profile class action lawsuits, including potential developments surrounding the Sierra Mist controversy. Visit the Sparrow blog or subscribe to our newsletter to receive regular updates on any legal actions involving PepsiCo and Sierra Mist to keep you informed at every step.

Key Takeaway

What happened to Sierra Mist? Did PepsiCo make a sneaky move by switching to Starry? Fans of the original soda seem to think so. What started as a simple product discontinuation now hints at a potential lawsuit, with claims that PepsiCo blurred the lines between a fresh new drink and a familiar favorite. When consumers can’t even be sure if they’re sipping nostalgia or novelty, a potential Sierra Mist lawsuit is forthcoming.

Before diving headfirst into legal action, consider the complexity here: Was PepsiCo truly misleading, or was it just a case of poor communication? Proving deceptive marketing or trademark confusion isn’t always straightforward. But if the sudden disappearance of Sierra Mist has left a sour taste in your mouth, this might be worth watching closely.

Want to stay informed about other lawsuits? Reach out to our team at Sparrow to help you navigate the complexities of any class actions. Whether you’re affected by deceptive product changes or want to know what happens to unclaimed funds in class action settlements, we provide the insights you need to ensure you receive your compensation with ease.