Absurd But True
Pepsi Harrier Jet Lawsuit: Why the Court Said the Ad Was a Joke
- Absurd But True
- 26 Oct 2026
- 0:42
- Short
Absurd But True. Narration in the video is an AI voice, and the pictures are illustrations, not photos of real people, products or logos. The jet is a generic drawing.
The short version
In 1996 a customer mailed PepsiCo's rewards fulfilment house an order form, fifteen Pepsi Points and a cheque for $700,008.50. He wanted a Harrier fighter jet. A TV commercial had ended with a teenager landing a Harrier at school, beside the words "HARRIER FIGHTER 7,000,000 PEPSI POINTS."
How the numbers worked
The catalogue let customers buy extra points at ten cents each, as long as at least fifteen original points came with the order. Seven million points at ten cents is $700,000. The jet appeared only in the commercial, not in the catalogue or on the 53-item order form.
What the courts said
- The refusal: the fulfilment house returned the cheque, saying the jet in the commercial was "fanciful and is simply included to create a humorous and entertaining ad."
- August 1999: a federal court in New York granted PepsiCo summary judgment. It held the commercial was an advertisement, not an offer, and that "no objective person could reasonably have concluded that the commercial actually offered consumers a Harrier Jet."
- April 2000: the Second Circuit affirmed "for substantially the reasons stated" in the district court's opinion.
What this does not mean
This was a civil contract dispute, and no wrongdoing is alleged on either side. The ruling is about whether this particular ad was an offer. It is not a rule that ads can never create contracts. We do not name the customer, who is a private person.
Sources
- Opinion and order granting summary judgment, 88 F. Supp. 2d 116 (S.D.N.Y. Aug. 5, 1999): CourtListener
- Second Circuit opinion affirming, 210 F.3d 88 (2d Cir. Apr. 17, 2000): CourtListener
Transcript
A man mailed a soda company a check for $700,000. He wanted a fighter jet. This is real. Federal court, New York, 1999. A Pepsi commercial showed a teenager landing a Harrier jet at school. On screen: 7,000,000 Pepsi Points. Extra points cost ten cents each. He sent 15 points and a check for $700,008.50. Pepsi’s fulfillment house returned the check, calling the jet “fanciful.” The judge granted Pepsi summary judgment: the ad was not an offer. The Second Circuit affirmed in 2000. He did not get the jet. Absurd. But true.
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