PepsiCo sues Coca-Cola for false advertising

Tuesday, April 21, 2009, 11:35 By GSerrano
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Powerade Ion4

It is a war between two sports energy drinks: Gatorade made by PepsiCo unit Stokely-Van Camp Inc. and Powerade Ion4 of Coca-Cola’s Energy Brands Inc. The bone of contention is some claim in product advertisement. Most ad wars are on the turf of claims but this one has gotten dirty in the form of a false-advertising lawsuit filed in the U.S. District Court in Manhattan. Wars can, indeed, be waged on behalf of words that can truly be mightier than the sword.

It seems that Coca-Cola’s Powerade Ion4 sports drink ads have allegedly made the false claim of being “the complete sports drink.” In the process, the ads claimed that the competitor (Gatorade, what else?), is “missing two electrolytes” and is, therefore, “incomplete.” This is clear ash-canning.

The lawsuit slapped on Coca-Cola’s Energy Brands Inc. as a defendant comprises of false advertising, trademark dilution, unfair competition, and deceptive acts. An injunction is subsequently sought to halt the current ad campaign, recall of products that bear the damaging statements, issuance of revised advertising on the same, claim of all profits resulting from the allegedly erroneous ads, and damages.

According to PepsiCo, “There is no evidence, scientific or otherwise, that Powerade Ion functions better than Gatorade as a sports drink. There is no evidence that Powerade Ion will help consumers achieve better hydration, have more energy or get nutrients that will result in improved athletic performance.” It all boils down to those teeny-weeny traces of magnesium and calcium supposedly present in Powerade which, according to Gatorade, have no scientific proof of product superiority.

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Via ADWEEK

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