EP348: The Time A Kid Sued Pepsi for A Harrier Jet, Escaping the Viet Cong and Treating More than Cancer

Hello this is a do choose. This is an ad, but not for your ears for your feet all day listening. Good hey do choose other squishy rest areas latest go to shoes you'll ever have the pleasure of introducing autos to so light a butterfly could steal them so soft couldn't see youth with jealousy so cushy your hands will curse your feet for all the love and attention. Toes you hit the jackpot of comfrey. Hey dude, good to go to carpentry is my hustle for small business insurance. I need my State Farm is there small business owners to so they know how to help you vest like a good neighbor, State Farm is there. Call your local State Farm agent for quote today. There's a recipe for getting your car running just right and whatever you're cooking up in the garage. You'll find what you needed eBay motors.com. They have over 122 million car parts and accessories in stock all at the right prices and I can help you turn your ride into something really tasty. The parts you need, or just a click away eBay motors.com. Let's ride this is leader B. This is our American stories we tell stories about everything you're on the show including your stories. Seven. Our American stories.com. Some of our favorites Curious case of contract law in 1996, one John Leonard sued Pepsi over promise that he saw is reneged on. But that's only half of the story is around Monty Montgomery for help tell the rest court cases are serious business On OMI. I'm still Johnny Coppola, Nick Court cases are important and there is one court case in the 90s that was truly astounding.

And no, it's not the people versus OJ I'm talking about Leonard versus PepsiCo Inc. your son turning the medium with this dramatic story of deceit with concerns and contract law in 1996. Pepsi will not want to drink Pepsi's motion when you get points for purchases that you can later use the targeted teenage and early 20s customers should all these cool things you can win with Pepsi points showed it to Pepsi T-shirt 75 Pepsi points. He was wearing a leather jacket was 1400 points sunglasses on that were hundred 75 points.

They then boasted the more Pepsi you drink the more great stuff going to get. Then the commercial ends with that same kid who was wearing the leather jacket and sunglasses landing a Harrier jet in front of the school. Everyone's papers were blowing off their desks to crowding to the window to see the jet landing in their in the courtyard is a literal Harrier with the candidate Jenna's arm. The teeth and below it says Harrier fighter 7 million Pepsi points. The campaign was mostly success and sales increased significantly, but there will be an interesting twist in this promotion. 21-year-old business student John Leonard Saul, the commercial took a particular interest in that jet Harrier we need to buy millions of Pepsi's most 20 Pepsi's only had one point on the label. Somehow, three and five, there were no 1 million Pepsi point bottles but there was a workaround. John noticed the fine print said you could buy points to get the merchandise instead each point was $0.10. So for example the 1450 point jacket cost hundred $45. The hundred and 75 point sunglasses would cost $17.50.

Notably, both items likely cost a fraction of that to make large smart business.

Pepsi failed to notice was the margins on the Harrier which wasn't listed in the catalog was advertising the commercial John did some quick math and realize that the 7 million point Harrier would cost $700,000 back in the real world fresh Harrier cells for north of $30 million. John Leonard found four investors who all pitched in. He then sent the check for $700,000 directly to Pepsi. Check said he wished to redeem his points for the Harrier that advertising the commercial began award letters. Pepsi's marketing team rolled back the item you requested is not part of the Pepsi stuff collection is not included in the catalog or the order form only catalog merchandise can be redeemed under this program. Harrier jet in the commercial is fanciful and is included simply create a humorous and entertaining at. We apologize for any misunderstanding or confusion that you may have experienced. We are including some free product coupons for your use. John Leonard was not satisfied. His lawyer with a response to your letter of May 7, 1996 is totally unacceptable to review the videotape of the Pepsi stuff commercial and it clearly offers a new Harrier check for 7 million Pepsi points out client follow the rules explicitly. This is a formal demand that you honor your commitment make immediate arrangements to transfer the new Harrier jet to our client. We do not receive transfer instructions within 10 business days of the date of this letter you will leave us with no choice but to file an appropriate action against Pepsi, Pepsi, senior marketing executive Raymond McGovern then jumped in with his own letter. I find it hard to believe that you are of the opinion that the Pepsi stuff commercial quote commercial really offers new Harrier jet use of the jet was clearly a joke that was meant to make commercial more humorous and entertaining.

In my opinion, no reasonable person would agree with your analysis of the commercial.

This is when formal court cases started firing up quite comically. Pepsi had to file an official case stating they should be required to furnish a Harrier jet John Leonard for the next three years. This case we report systems before judge ruled in Pepsi's favor for two key reasons.

One commercial is not a contractual offer to the commercial was clearly tongue-in-cheek, no reasonable person would have thought the offer was real. Lastly quite humorously again judge out of this commentary in light of the Harrier jets well-documented function in attacking and destroying surface-to-air targets armed reconnaissance and air interdiction and offense and defense of antiaircraft warfare. The fiction of such a jet as a way to get the school in the morning is clearly not serious, even if the plaintiff contends jet can be delivered in a form that removes its military use Pepsi when on two minutes commercial changing 7 million points to 700 million points. They would also add a small print the advertisements saying just getting if there's any silver lining to all this madness. The case has now become a staple in law school, a good majority of legal students will end up starting Leonard versus PepsiCo Inc., as the case offers an entertaining look gray area. Contract law. All that being said small part of me still wishes they just given the guy the Harrier or done something cool for him. Besides offering a few coupons and a great job by Monty Montgomery and just a delight to listen to and in its own way. A kind Frank, I mean I just wanted to see what would happen. But the idea of wrangling together $700,000 just well stick it to Pepsi's have some fun and enforce the court's docket right back to the spokes, but they've always had the story as a result, any great walking story of John Leonard and Sue against Pepsi for a Harrier check our American store view of the great American stories we tell and love America like we do, or asking you to become a part of the American stories family.

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Please make a donation monthly gift of $17.76 is fast becoming a favorite option for supporters total our American stories.com now and go to the donate button and help us keep the great American stories coming that's our American stories.com Sue millions will make Medicare coverage decisions for next year and United healthcare can help you feel confident about your choices for those eligible Medicare annual enrollment runs from October 15 through December 7. If you're working past age 65. You might be able to delay Medicare enrollment. Depending on your employer coverage. It can seem confusing, but it doesn't have to be this@uhcmedicarehealthplans.com to learn more United healthcare helping people live healthier lives is Tori, and Johnny went to 1 GB class. We have such a special episode brought to you by near attack ODT we recorded at radiused windows came down near attack ODT were not to plant 75 mg can help migraine sufferers still such an exciting event like Wingo tango I had when I took minor attack ODT. I was present amazing time of our conversation with some of our closest friends & was brought to you by near attack ODT were meant to plant 75 mg life with migraine attacks can mean missing out on big moments with friends and family, but thankfully near attack ODT were magic plant 75 mg is the only medication that is proven to treat a migraine attack and prevent episodic migraines else sell like Wingo tango town have to be next.

I know everything there is to know about running a coffee shop for small business insurance. I need my State Farm agent and company business owners to help State Farm is in your corner and on their call your local State Farm agent for quote today and were back with our American stories and up next story from one wall today. What is a surgeon's journey to getting there was far from ordinary is here to share the story of his family fleeing Vietnam and arriving in America with nothing growing up I was really young at the time that we remember all the time so we were Playing so fast all the time. Every morning we would go to church. Our village was along the seashore. It was a fishing village and so my dad was a commercial fisherman. He would leave every morning coming every night and so we would run out to the dock to save the day's catch, you have running water, though we had electricity was so we have light in the house in my grandparents.

My dad's parents.

They only TV so we all of this was formed to his house and watch TV.

We did have a nice machine ice box so my mother if she needed ice, she would send it to the ice factory she always ordered a bigger block of ice because walking on the hot sand when I picked up the big block of ice and start walking home Isis code so the ice would fall on the sand that was so that I would pick it up again. So by the time I made it home. That block of ice was a lot smaller than the simple fond memories but at that time.

These commoners which they were supported by the Soviet Union were trying to sound non-Communist so we were the Democratic side is going on so late South Vietnam down to the north is that I remember things such as troops and scrambling military fire. I remember as a six-year-old hiding underneath the mattress underneath the bed and the north. Then these troops would run through our house ransacking the house gunfire in the village. Is this is I remember hearing them yelling because my dad was part of the South military. He had served while back but at that point in a grown man was considered a fault to them so they were looking man so the North Vietnamese as they came down renewed democracy was going because Christianity was not going to be allowed there was going to be a lot of. As far as religion as far as economy is for finances and my parents knew that was coming in so when South Vietnam fell to the north and April 30, 1975 when it happened.

It happened in a hurry came in rapidly and my parents decided to so as the troops were storming around the ocean. We knew that the US presence in the ocean so we thought okay well you would do but maybe we head out to the sea. Maybe there would be somebody to receive. We just have to fully time to say my immediate family and cousins and aunts and uncles. We all jumped on my dad's boat had three simple ones. One was a newborn and as we lead land and headed out we saw a large vessel is here somebody that can help us and as we approached the ship. Come to find out that was the commonest ship and so they started firing on us and my grandmother was hit course she was hurting and she told her husband, my grandfather listen we need to get back to when we went back on shore.

My grandfather told my bad son, there's no want for you here. Take your family with you.

Take the kids. We've lived a good long line and you go make a new life for yourself.

I think back now that now with two kids and I can imagine my parents to choose between staying with my parents to that opportunity will we do know that was going to be better, which is state. He was good so my grandparents stayed and I can imagine he took the four kids wife.

My mother course back to see and eventually we came upon a US ship that received this we really had no idea what a US ship was going to look like versus a communist ship and so when we came in approached one and it turned out to be friendly. My dad boarded first and then my mother and me to my dad and my youngest brother who was a newborn at the time my dad so the three of us got on the table ship and right then cut off anymore.

People ship because the ship was full so than my mother and two siblings were still on and so they separated because they were now part of another.

And who knows when we would see each other again literally watching that was hard on my dad because my youngest brother was still breast-feeding time and so here he is with a newborn baby being breast-fed and I learned pretty quickly where to find milk in the ship and so we just stumbled through but eventually got my new remember the first good memory of the US ship was when we were looking for something to eat and the first US that I put in my mouth was Hershey's chocolate bar was the best tasting thing is so course, we were fearful and not knowing what we were getting ourselves into, but several weeks later, we were we all met together back on was US own time. Basically we just stumbled across on that island.

Then we were all brought to Florida and Gratian can't and from there the different families were sponsored by American US families to different locations with so there was a farming couple Kentucky Campbell, Kentucky, that through the US Catholic charities Association sponsored my parents and before kids and so we packed up onto a Greyhound bus to Campbellsville Kentucky from Florida.

There were in the ocean. His whole life was now transplanted into a farming community at the time we spoke English. The only English we knew was yes and no. So I started kindergarten in Kentucky and somehow along the way we were supposed to bring a blanket to take a nap with not understanding English my parents blanket so I when I showed up for first day of school and all the other kids are napping and they all had their blankets and standing around looking at kids taken so we quickly learned and I do remember things that make sample 2+2 always before regardless of whatever and whether you attend a Catholic mass, or you attend one Campbellsville, Kentucky hey we all worship the same God. All have the same Savior trying to get to the same location but the rest of it comes quickly have to speak things that you accumulate over time. Hoping you find a so in your listing to walk along tell the story what happened to so many families when Saigon fell when South Vietnam was captured by the Communists. There were consequences when we left Vietnam. My goodness Americans did step up the role of the Catholic charities plays in so much of this and all kinds of Protestant charities as well and stepping up and taking care of the least of these. When we come back more of this remarkable story. What one story here on our American story Medicare coverage decisions for next year. Healthcare can help you feel confident about your choices for those eligible Medicare annual enrollment runs from October 15 through December 7. If you're working past age 65. You might be able to delay Medicare enrollment.

Depending on your employer coverage. It can seem confusing, but it doesn't have to be UHC Medicare health plans.com to learn more United healthcare helping people live healthier lives. Tori and Johnny went to 1 GB class. We have such a special brought to you by near attack ODT.

We recorded that radiused windows came down near attack ODT were not apparent 75 mg can help migraine sufferers still set an exciting event like window tango.

I took minor attack ODT. I was present amazing time of our conversation with some of our closest friends & was brought to you by near attack ODT my magic pants 75 mg life with migraine attacks can mean missing out on big moments with friends and family only near attack ODT were magic pants 75 mg is the only medication that is proven between a migraine attack and prevent episodic migraines and doubts sound like window tango down have to be next. I know everything about running a coffee shop for small business insurance. I need my State Farm agent confident State Farm is in your corner and on their call your local State Farm agent for quote today and we returned to our American stories to the story of what one to flee Vietnam we heard about how he and his family have begun to assimilate into American life. Here's what to tell us about more of his adventures here in America and in hindsight you see the things that your parents do appreciate your efforts. My parents made a lot of sacrifices along the way and not hear stories like the example growing up some rice and in Kentucky it was all potatoes and so my dad would come back and come home from work and the farming couple that sponsor this they would have a little bit of Verizon so we would cook it up and there really wasn't enough to go around that sacrifice is saved for us so there's no telling how many Sacrifices that I don't know made steel on us. The fate that is our and so I tried to teach that to our kids as well. South Vietnam Catholicism was necessary for the most prevalent religion but it was for us. My parents had their preferences priest right now, but may so miss, that's a funny story. My younger brother was asleep and my cousin on were playing while he was taking a nap. We had maybe 1/4 or something like that on top of my brother who was asleep. This is kind of fun quarter mouth, he woke up and inhale swallow that coin so that got us so much trouble. So we went to the emergency department. Dr. came to see him took him to surgery now save the day came back out. My mother course is still mad at us for Sunday say and need.

He said it was just by chance something silly, something that should have an interest would never know what's in front of us and the experiences that we go through at the time that we go through. Sometimes you don't really appreciate it much after the fact when we were growing up in US or my parents were not as Johnson, one of the jobs that my mother was working crap factory.

We ate the meat out of the crabs and so here I was in middle school and high school state. And this is all my friends during the summer were house watching TV you were paid by productions of the more crafty crack more meat to get what I'm getting at is the motor dexterity that's required to crack a call precisely out so that the shelves and meet it help improve my speed my manual dexterity. So my (this is my right and yes, my mother woke us up at 4 o'clock in the morning everyday factory and smelled horribly and I hated it and I dreaded it. But here I am as a surgeon.

30 years later with finger and hand dexterity that could not have been polished and because of that manual. So another something that – why am I doing this which then later appreciate so in college at LSU during my freshman year as I was walking around campus thinking about what is going to force on the job I saw a flyer for Southwest publishing company with the southwestern publishing company will $400 a week summer job $400. We that's good money for college student in 1987 and so I went to one of their seminars, not knowing what I was getting myself into. So, find out he was door-to-door sales blind cold calls knocking on the door see mom or dad might want to buy education for their kids, and I thought there's no but I gave it a try. And so we learn how to approach someone to complete strangers trying to determine what their needs were, and maybe provide a product or service. Children do better for themselves so fast forward 20 years later, I'm sitting with the patient, who never met before this person from any walk of life, and they have a problem in unmet need and so you try identify with that person.

See what their needs are and how can I make their life better. So that experience as a 19-year-old college student knocking on hundred and 80 doors per week. Cold calling, shake, communicate, to this very day trying to identify whether as you going through these experiences in life. Most of the times.

Therefore, reason, we just don't realize it at the moment but appreciate dreams about troops storming the village and nightmares with that. That lasted a long time.

The US we say we are now wearing welcoming society. Everyone is culturing the background is so US was welcoming and the US Catholic charities Association really did a great job with bringing in finding families is I just remember the kindness of our sponsor family. They had kids and grandkids that were about our ages and so my siblings and I played with him ran around the farm and silly things, but I just remember there kindness if it was an what all they did for us where we can imagine what my parents everything is falling apart around you.

Your leaving parents see the only thing that we will know where you going, not everyone came to the US. It all depend on the services and where they decide to so with that came to the US.

You never know what happens in life and how that might impact you appreciate what it is going. Most great work by Madison on the production and a special thanks to what one sharing his story with us and what a quintessentially American story was. His parents wanted to be a priest disappointed them became a doctor. His work at the crib factory that helped him with his hand dexterity also is discipline. Getting up at 4 AM this door-to-door book sales gig taught him to listen taught him empathy that helped him with his bedside manner. Bad dreams. He said, from all that happened in South Vietnam. They diminished in the US. He said well it's a welcoming society or culture interwoven my Sicilian grandparents, my Lebanese grandparents agree to special thanks to Catholic charities for all the great work they do a story of what one story of America in the end, here on our American story millions will make Medicare coverage decisions for next year and UnitedHealth care can help you feel confident about your choices for those eligible Medicare annual enrollment runs from October 15 through December 7. If you're working past age 65.

You might be able to delay Medicare enrollment. Depending on your employer coverage.

It can seem confusing, but it doesn't have to be UHC Medicare health plans.com to learn more United healthcare helping people live healthier lives.

Tori Johnny went to OMG pot class. We have such a special brought to you by near attack ODT. We recorded it and Windows came down near attack ODT were not 75 mg can help migraine sufferers still such an exciting event like window tango. I took minor attack ODT.

I was present amazing time of our conversation with some of our closest friends & was brought to you by near attack ODT were magic pants 75 mg life with migraine attacks can mean missing out on big moments with friends and family only near attack ODT were magic 75 mg is the only medication that is proven to treat a migraine attack and prevent episodic migraines else sound lively events like window tango down have to be next. I know everything about running a coffee shop for small business insurance. I need my State Farm agent and confident State Farm is in your corner and on their call your local State Farm agent for quote today. No American stories, and now we bring you a story brought to us by the coalition for better health, lower cost, Loma Linda University sought not see patients as customers people they seek to treat the whole person through lifestyle disciplines inspired by blue zone principles. You can find out more about blue zones and Gartner's book blue zones Angela large primary work is with Loma Linda's proton cancer patients is Andrew. I tried to Healthcare couple different times and I just kept getting getting pulled back into I got experiencing the whole nursing home industry year doing nursing ministration for a company that used on about 50 nursing homes in California and I didn't like being part of that experience because one just like a trap. People commonly stay have to be there and they don't want to be there like to be there complete opposite from the way Loma Linda is now with our patients now because you know people are here by choice now and they want to be here and they love this experience is just completely flipped on its back here as nursing homes. There is no quality of life here. That's all that were doing is teaching the quality of life and showing people what quality of life can be like patient services department. Linda very very unique department is actually only two of us, but we are very connected with the patients and providing them with housing resources in the community so that they can come in because coming in being here is like nine week investment. So really, come on plugs you from your life to come down here so we can be there with them, assisting them in that process in the German weather down here and we use these blue zones topics have educational speakers patients once a week during our special support group bring a speaker. We talk about nutrition now and what it means to healthy to get away from foods that are processed and get into the less processed, less refined natural foods and natural existence. They talk about that sort of thing. They talk about the community and how really connecting with people having to can add Dan Peterson for 14 years to your life. Life expectancy we talk about all that kind of stuff with our patients and their here for this this this journey for nine weeks weather down here now they get to be a part of all this weather here so so much fun to be involved with just see the transformation that happened when it clicks you can tell when clicked on the second they're interested in asking questions, and they want to know more, and there really like connected with God something that I want to let go, but the commodity experience here is is not unlike experience like going to war these guys you know to go to war in their sleeping in tents together behind rocks another third day in and day out there. They're at war in the front lines will these people here in the front lines of fighting cancer and so it's a similar experience they're going through this with their body next to have to rely on their body next, you know, because they got questions they got experiences they've got difficult things that they're going through weather down here to and lots of times just having somebody to talk to about those sorts of difficult things is really helpful for them.

This kind of thing.

These two people three people you know we have 2025 people coming to our group. They just get together and they share with each other with each other and encourage each other, and these people are bringing. It's incredible what what they end up doing as a result, there there here being treated for cancer, but there going around the hospital and praying for other people in the hospital because they want to be part of the human experience. They're building wooden toys guy recently was built a bunch of wooden toys and brought them into the Children's Hospital around Christmas time but give the kids something to do their here and there in the middle of the healing of others. So that's just like mind-boggling proton patients are well known for being just incredible patience. The restaurants we go to celebrating this evening birthday people are here being treated for cancer you know you're waitressing with what you got, laughing and joking around this whole time we just incredible.

Like what what happened with that and it's just it's just the fact that people here.

They care so much about getting the most out of life just being a life to its fullest. Whatever that means, physically, mentally or spiritually just being excited about it so I'm I'm in a unique position to get to Mary Lou's own community and meant mentality of this this area.

This community I get to marry that with the treatment that were doing with proton considered a new lease on life is that there's a publication research publication of our patients about how men who were treated for prostate cancer. Lots of times.

Now take a new perspective on life after treatment. Once they've taken care of this cancer behind you know that they've recovered and healed there in better health for and it's actually like to research factors statistical numbers on it's pretty impressive so that sort of thing happens, we start to kind of think that our our lifespan may be coming to an end like it really doesn't really does. People don't know what to do with that get scared.

I don't want to do that I can die then what can happen in my family will come down here and start experiencing this sort of just lifting wholesome environment, the body becomes like a more healing anti-inflammatory state because it's like all this positivity are surrounding yourself with in this exercise that they're doing the sort of things. Not only did they get a better edge on cancer you know a better chance to cancer. They learn about about God and so that helps with the mind is tomorrow doesn't have to be the end forever interesting perspectives of these people are thinking about this.

We talk about the sort of thing in our groups really helps with the healing to know because were not meant to be stressed out, fearful times and says you have no fear have not given you a spirit of fear in the Bible and that's not something that people experience while they're here, the experience love, really unique love for the first week that I was here I was taking pictures in the bathroom.

This could sound weird but I was taking pictures in the bathrooms of the Bible versus the people put on the walls here the bathrooms in this Bible verses and stalls and stuff for me. It was like what kind of uplifting places besides that I take these pictures and send it to my wife and she can't get a good life is really cool see the transformation graduation ceremony from Tuesday nights we get together with this potluck graduation programs so people that are getting up and leaving us. They tell about their journey in experiencing what happened to them will just last week we had jersey graduated and he started a journal. I came down here so the first two entries in his journal. He told us where and read his journal that he told us about his journal. The first entries where things like we went to go get treatment today.

I had a sandwich at the cafeteria and then you know about 6 o'clock tonight and catch the game that sick stuff like that but the end of his journal after after his nine weeks. The things that he was exploring about his beliefs and his spirituality is his growth, just the debt that he got into his journal was just 90 days from the beginning because because of this whole experience. He's writing about what's next for him and his family, his dreams and his visions of the future hopes and dreams of effecting change in his community.

Going home and is not right about sandwich leeway for lunch that's for sure. The transformation that he had was huge and he he's one of the guys that left Sandra this place is incredible.

I we consider this our radiation vacation, you know, we came here for treatment of cancer treatment for everything so it was a very heartfelt we had a full-blown church service that night because everybody was just like we feel like we got here by accident or by accident. I love you it's it's something to give credit where credit is responsible for this place, that it's not a coincidence that this small institution in Southern California became the very first hospital-based proton treatment center. That's amazing.

You should been some huge organization to do that but Melinda was the first. It's just so happens to be one of the blue zones like it's working so I love you and you been listening to Andrew Lord's voice. My goodness only something radiation patient. Let some kind of story our Americans