Sierra Mist Lawsuit - Trademark Dispute & Rebranding To Starry (2024)

Soft drink companies often deal with legal problems, but they usually don’t involve social media stars or claims about health. That’s what makes the Sierra Mist lawsuit interesting. This blog will explore Sierra Mist’s history and talk about its recent legal troubles.

Sierra Mist Background

Sierra Mist, a product of PepsiCo, has been a staple in many households since its introduction in 2000. Marketed as a refreshing, natural alternative to other sodas, its popularity grew due to its unique flavor and its brand’s promise of using natural ingredients. However, Sierra Mist’s reputation took a hit when it became the subject of two significant lawsuits – one involving a social media personality and another questioning its ingredient list.

Sierra Mist Lawsuit - Trademark Dispute & Rebranding To Starry (1)

Sierra Mist Legal Issues

The legal issues surrounding Sierra Mist primarily involve two distinct cases. Both cases drew significant attention from the public and media, sparking debates about trademark rights and deceptive marketing practices.

The Trademark Infringement Case

PepsiCo filed a lawsuit against popular TikToker Cierra Mistt, claiming that her use of the name “Cierra Mistt” infringed on its trademark for Sierra Mist. The soft drink giant contended that the similarity between the names could potentially confuse consumers, leading them to associate the TikToker with their brand.

The case gained significant attention online, especially among Cierra Mistt’s followers. The legal battle ended with a settlement out of court. PepsiCo paid an undisclosed sum to Mistt, who agreed to change her name on social media to “Cierra Mist”​. The case served as a stark reminder of the potential legal pitfalls of online branding.

The False Advertising Claim

Another lawsuit against Sierra Mist involves allegations of false advertising and misleading claims about its ingredients and health benefits. The plaintiffs argued that Sierra Mist was marketed as a healthier soda, suggesting it was made with natural ingredients. However, they alleged that the soda contained artificial additives contradicting its natural claims.

This case focuses on the deceptive marketing practices and misleading claims regarding the product’s supposed natural qualities and health benefits. The plaintiffs contend that consumers were misled into believing Sierra Mist was a healthier choice than other sodas, causing them to purchase and consume the product under false pretenses.

The Rebranding To Starry

PepsiCo, in a bold move aimed at capturing the attention of younger consumers, rebranded Sierra Mist to Starry in January 2023. The rebranding was a response to the brand’s struggle in the lemon-lime soda market and shifting consumer tastes. Starry, available in Regular and Zero-Sugar versions, was launched with the catchy slogan “Starry Hits Different,” a nod to current social media trends.

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Interestingly, the rebranding coincided with a legal dispute with TikTok influencer Cierra Mistt, leading to speculation about the timing. While PepsiCo maintains that the rebranding was not linked to the lawsuit, the connection cannot be ignored. The Starry rebranding signifies a conscious attempt by PepsiCo to innovate and stay relevant in a rapidly changing market.

Is Sierra Mist Discontinued?

Yes, Sierra Mist has been discontinued. PepsiCo replaced it with Starry, a more vibrant, optimistic, and culturally rooted beverage. This shift is part of PepsiCo’s strategy to refresh its beverage lineup and compete more effectively in the lemon-lime soda market. Caffeine-free and available in both regular and zero-sugar versions, Starry is designed to resonate with young consumers. This rebranding underscores PepsiCo’s commitment to innovation and customer attraction.

Cierra Mistt’s Response On The Lawsuit

Cierra Mistt’s response to PepsiCo’s lawsuit was nothing short of powerful. Accused of trademark infringement due to the similarity between her name and the Sierra Mist soda, Mistt took to social media to declare victory over PepsiCo. Her strong stand garnered much online attention, with her YouTube video and TikTok post going viral.

The case was settled out of court, with PepsiCo agreeing to pay Mistt an undisclosed sum. In a surprise move, Mistt and her lawyer discovered that PepsiCo’s rights to the “Sierra Mist” trademark had expired, allowing her to purchase the copyright and retain her name and online presence. Following the settlement, PepsiCo announced the rebranding of Sierra Mist to “Starry.” Mistt, along with some observers, believe this was done to sidestep the controversy.

Cierra Mistt’s Response On The Lawsuit

When PepsiCo filed a lawsuit against Cierra Mistt for trademark infringement, as her name was strikingly similar to their Sierra Mist soda brand, her response was strong and attention-grabbing. She claimed victory in the legal battle, sharing the news through her social media channels, including a YouTube video and a TikTok post. In a surprising turn of events, the case was settled out of court, with PepsiCo agreeing to pay Mistt an undisclosed amount. As part of the settlement, she agreed to change her name to “Cierra Mist.”

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Mistt and her lawyer discovered that PepsiCo’s rights to the “Sierra Mist” name had expired, allowing her to purchase the copyright and maintain her name and online presence. Following the settlement, PepsiCo rebranded their soda as “Starry.” Although the company stated that the rebranding was unrelated to the lawsuit, Mistt and some others believe it was to avoid further controversy.

This case highlights the challenges of protecting trademarks in today’s digital age and the significant role social media plays in shaping public opinion and influencing legal battles. It serves as a reminder of the importance of maintaining proper legal documentation for intellectual property rights.

Current Status Of Sierra Mist Lawsuit

PepsiCo’s legal battle with Cierra Mistt over the name “Sierra Mist” concluded with an out-of-court settlement. PepsiCo paid Mistt an undisclosed sum, and in return, she agreed to change her name to “Cierra Mist.” Following the settlement, PepsiCo discontinued the Sierra Mist brand and introduced a new lemon-lime soda called Starry in January 2023. The company insists that the change was not a result of the lawsuit, although the timing suggests otherwise.

Conclusion

The Sierra Mist legal issues, especially the one with TikTok star Cierra Mistt, have caught a lot of attention. PepsiCo settled the problem by paying Mistt, and they renamed Sierra Mist to Starry. Some people wonder if this change was because of the lawsuit. It’s a reminder of how tricky trademarks and advertising can be in today’s world. Going forward, it’s a lesson for companies about how social media can affect their brands and legal matters.

Sierra Mist Lawsuit - Trademark Dispute & Rebranding To Starry (2024)

FAQs

Did Sierra Mist change to Starry because of a lawsuit? ›

Now, a TikTok creator, Cierra Mistt, is speaking out about the soda name change. She claims that PepsiCo took legal action against her, due to her name's likeness to PepsiCo's soda Sierra Mist. Her accusations have gone viral on platforms like TikTok, sparking conversations and speculations.

Why did they change Sierra Mist to Starry? ›

Starry is a lemon-lime soft drink distributed by PepsiCo. Distribution began in January 2023. The brand is aimed at competing against Sprite and 7 Up. In January 2023, Starry replaced Sierra Mist as Pepsi's lemon-lime flavored drink, in part because Sierra Mist failed to gain market share in the growing category.

Did Sierra Mist lose its copyright? ›

However, she and her lawyer discovered the company's rights to “Sierra Mist” had expired. Since Mistt felt like she was being “intimated and gaslit” by the company, she bought the copyright. According to the Copyright Office, copyright protection lasts only for a limited time period.

Did someone buy the Sierra Mist trademark? ›

Sierra Mist has been trademarked by Pepsi since 2021. I can not find a single trademark filed for “Cierra Mist” or a new filing for “Sierra Mist” not owned by Pepsi. And if you've been following me there are two things you know: 1.

What is the difference between Starry and Sierra Mist? ›

With Sierra Mist the citrus flavor is almost an aftertaste, and pretty distinctly lemon-lime and balanced between both flavors. Starry tastes more lemony up front, and then finishes with a slightly more lime flavor. If you're looking for more lemon flavor in your life, we can help.

What is the Sierra Mist controversy? ›

Internet star Cierra Mistt says Pepsi sued her (and lost).

At the heart of this controversy lies the discontinuation of PepsiCo's iconic "Sierra Mist" soft drink in January 2023 and its subsequent replacement with the lemon-lime soda dubbed "Starry."

Has Starry soda been successful? ›

The brand had more than a half billion dollars in sales in its first year, Lyons said. The new soda is the third most popular lemon line soda in the U.S., data provided by PepsiCo shows, and is behind Coca-Cola's Sprite and Keurig Dr Pepper's 7Up.

Is Starry better than Sprite? ›

It's almost a bit spicy for a lemon-lime drink and not as sweet as its competitor, Sprite. Pepsi says Starry has a crisp taste, and I'll agree. Sprite not only tasted sweeter than Starry, but has a smoother finish.

Does Starry have caffeine? ›

No, Starry does not contain caffeine.

Why did Pepsi give up Sierra Mist? ›

category has been increasingly growing, with brands like Culture Pop Soda, OLIPOP, Sprite Zero, as well as the staples like 7UP and Sprite. already taking up significant market share. Sierra Mist was just never able to gain. the traction that Pepsico wanted them to, so they rebranded to gain more market share.

What is the difference between copyright and trademark? ›

What is the difference between trademark and copyright? Simply put, copyright protects the original expression of an idea, while trademark protects the name or logo that identifies a company or product. Copyright is concerned with protecting creative works such as books, movies, and music.

What was Starry before Sierra Mist? ›

Sierra Mist was born in 1999, using the Storm formula minus the caffeine, but it was never a huge seller. In 2015, PepsiCo rebranded Sierra Mist as Mist Twist before reverting to the original name, then abandoning it altogether to make a fresh attempt with Starry.

Why did Sierra Mist rebrand to Starry? ›

At that time, PepsiCo announced that the lemon-lime soda would be discontinued and replaced by a new drink called Starry. The beverage company described Starry as a “soda for a generation of irreverent optimists,” and the brand calls Starry “the next choice of the new generation” on the PepsiCo website.

How long do trademarks last? ›

Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. Trademarks are registered with the United States Patent and Trademark Office (USPTO). Federal trademark registration has several benefits: Constructive notice nationwide of the trademark owner's claim.

Can you still buy Sierra Mist? ›

Sierra Mist is a discontinued lemon-lime flavored soft drink line.

What did they change about Starry? ›

We found Starry to be decidedly different from its predecessor. For one thing, it's noticeably less sweet, which is good. (Sierra Mist was made with real sugar, while Starry uses high-fructose corn syrup.) Because it was less cloying, Starry's citrus flavor read cleaner and crisper than in the older formula.

What was discontinued for Starry? ›

Fans of the beverage Sierra Mist were disappointed when the drink disappeared in January. At that time, PepsiCo announced that the lemon-lime soda would be discontinued and replaced by a new drink called Starry.

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