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The Truth behind Coca-Cola Company's
"Drink, Choose, Live" Promotion* |
Julia Havey, Author
* Rules copied below
(NOTE: You could just buy enough of Coke and get the points, but why spend more than the value of what you'd win? Besides, the campaign is DRINK, choose, live not BUY, choose, live).My challenge to any Coke executive:
Drink 151 12-oz cans of Coke in 1 day.
PETITION FILED AGAINST COCA COLA Co.
STATE OF MISSOURI
JULIA HAVEY, )
)
Plaintiff. )
) Cause No.
)
v. ) Division No.
)
THE COCA COLA COMPANY, )
)
Serve at: )
)
C.T. Corporation System )
120 South Central Avenue )
Clayton, Missouri 63105 )
)
Defendant. )
PETITION - EQUITY
PLAINTIFF’S VERIFIED APPLICATION FOR
A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION,
AND PERMANENT INJUNCTION
COMES NOW Plaintiff and for her Verified Application for a Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction, states to the Court as follows:
1. Plaintiff is and at all times pertinent hereto was a resident of the County of St. Louis, Missouri, the Mother of a minor child, an author, diet consultant, and taxpayer.
2. Defendant, The Coca Cola Company (“Coke”) is and at all times pertinent hereto was the international manufacturer, purveyor and promoter of the world’s most recognized soft drinks, commonly known as Coca Cola, Diet Coke, and other Coca-Cola products including Coca Cola Classic, Coke with Lime, Coca Cola C2, Cherry Coke, Black Cherry Vanilla Coke, Caffeine Free Coke, Coke Zero, Diet Coke, Diet Coke with Lime, Diet Cherry Coke, Diet Black Cherry Vanilla Coke, Caffeine Free Diet Coke, Diet Coke with Splenda, and other specialty marked Coca Cola Products (“Coca Cola Products’).
3. The Coca Cola Products are marketed by the Defendant in special recognizable packaging, including but not limited to, twelve packs of 12 ounce cans; 20 ounce bottles; 2 liter bottles; 1 liter bottles; 1.5 liter bottles; and 3 liter bottles.
4. In 2006, Defendant, Coca Cola, announced the launch of My Coke Rewards (“MCR”), an on-line driven mega-rewards program encompassing all Coca Cola Products.
5. MCR is advertised by Defendant to allow consumers to choose from a pool of experiences and features rewards from “some of the world’s best brands.”
6. The MCR program is advertised by Defendant as a program “that rewards (the general public) for something (the general public) (already does), “drink Coca-Cola brand products.”
7. A copy of the Defendants promotional literature describing the MCR program as one which rewards the general public for doing something it already does, namely drinking Coca Cola brand products, is attached hereto, incorporated herein by reference, and marked Exhibit A.
8. The Defendant, Coca Cola, advertises and promotes its MCR program utilizing the advertising phrase, “Drink Choose Live.” A true and correct copy of said advertisement is attached hereto, incorporated herein by reference, and marked Exhibit B.
9. Under the rules of the MCR program, individuals age 13 and older may enroll and participate in the program. A true and correct copy of the rules of the program as published by the Defendant is attached hereto, incorporated herein by reference, and marked Exhibit C.
10. Under the rules of the program, participants in the program may not combine or transfer points with other participants’ accounts. Further, participants must save the bottle cap, product packaging, and/or promotional item with the official code for at least ninety (90) days after the participant redeems an item on-line, “as it may be necessary to submit it later for verification.”
11. Further, under the rules of the My Code Rewards program, the Defendant reserves the right to require proof, including but not limited to, the cap or product packaging, to verify the points sought to be redeemed by a participant.
12. The rewards that are offered to participants of the MCR program are multiple and varied, including:
a. A round-trip coach-class airfare to Los Angeles with a rental car for the duration of the stay and two nights at a deluxe hotel room at the Roosevelt Hollywood Hotel to record your own track at a recording studio, inclusive of the track, mixing, sound engineering, producer, equipment rentals, and CD to take home with your recording;
b. A Coca Cola and American idol branded couch;
c. A walk-on role in a TV show or Hollywood movie;
d. Escape to Winter Park, Colorado for a winter week-end vacation;
e. E-coupon for a Sony Cybershot Digital Camera; or
f. MCR Simpson driver’s uniform from No. 45 NASCAR Nextel Cup Driver, Kyle Petty.
13. In reviewing the program, the promotions therefore, the rules thereof, and the rewards offered, it is clear that the program is a health risk to minors, the American public in general, and a potential prospective fiscal drain on the Plaintiff and others in like position who are taxpayers.
14. By way of example, one of the MCR program rewards is described to the public as:
“Record like an idol at a recording studio in Los Angeles, California”
and is available upon the redemption of 41,600 points. A true and correct copy of the promotional literature corresponding to the “Record Like An Idol at a recording studio in Los Angels, California” reward is attached hereto, incorporated herein by reference, and marked Exhibit D.
15. In order to be rewarded with the “Record like an idol at a recording studio in Los Angeles, California” reward, one needs to procure and redeem 41,600 points which would necessitate the consumption of 49,920 bottles of Coca Cola Product which, in the case of a non-diet product containing sugar, would give rise to the necessity to consume approximately 7,238,400 calories, which, in turn, would cause a human being to gain during the life span of the program approximately 2,068 pounds. On a daily basis, a participant would be required to consume one hundred fifty-one (151) 12-ounce bottles of Coca Cola, being a lethal consumption of the product.
16. Similarly, if a participant desired to choose the “walk-on role in a TV show or Hollywood movie” reward, it would be necessary to redeem 28,000 points. This would require the consumption of 33,600 12-ounce bottles of Coca Cola for the duration of the MCR program. This would in the case of Coca Cola containing sugar give rise to the consumption of approximately 4,000,872 calories and cause the ingestor of same to gain approximately 1,392 pounds. A copy of the description of the “walk-on role in a TV show or Hollywood movie” reward is attached hereto, incorporated herein by reference, and marked Exhibit E.
17. The “Escape to Winter Park, Colorado for a winter weekend vacation” reward requires the redemption of 8,000 points, which requires the consumption of 9,600 bottles of Coca Cola product. If this product was a non-diet product, this would involve the consumption of approximately 1,392,000 calories and the gain in weight of the ingestor of approximately 397 pounds over the course of the program. A copy of the description of the “Escape to Winter Park, Colorado for a winter vacation” reward is attached hereto, incorporated herein by reference, and marked Exhibit F.
18. To select a “E-coupon for a Sony Cybershot Digital Camera” reward requires the redemption of 2,800 points which requires the consumption of 3,360 12-ounce bottles of Coca Cola Product which, in the case of non-diet product, would involve the consumption of 487,200 calories, representing the gaining of approximately 139 pounds. A copy of the description of the “E-coupon for a Sony Cybershot Digital Camera” reward is attached hereto, incorporated herein by reference, and marked Exhibit G.
19. Upon information and belief, the Defendant instituted the MCR program as a loyalty program, to reward customers/consumers for “drinking” Coca Cola Products.
20. Redemption requirements for rewards vary from Cyber-prizes for 10 points to as high as 56,000 points for the “American Idol Set Couch.”
21. MCR program permits participants to earn points from codes on various packaging, with the 12-packs having the most point value at 10. However, participants can only redeem 10 codes per day or a maximum of 100 points per day if all 12-pack codes were procured by a participant.
22. The duration of the My Code Rewards current program is 10 months, commencing on February 27, 2006 and scheduled to terminate at 12:00 p.m. Eastern Time on January 15, 2007.
23. The MCR program is open to “legal residents of the 50 United States (and the District of Columbia)” who are 13 years and older at the time of enrollment.
24. Defendant, Coke, transacts business in virtually all parts of the world, including the County of St. Louis, Missouri.
25. Defendant Coke advertises its MCR program in a fashion so as to target the young by utilizing and employing rewards designed for the younger set and to otherwise target the young and impressionable. A true and correct copy of a recent advertisement appearing in People magazine is attached hereto, incorporated herein by reference, and marked Exhibit H.
26. The actions of Defendant in promoting this program and focusing same on minors is reckless, wanton, and capricious, especially within the context of a populace that is currently addressing the medical havoc brought upon it by diabetes, obesity, heart disease, and related ailments.
27. It is a recognized medical fact that excessive consumption of soft drinks, including sugar-filled Coca Cola Products and even the diet versions thereof can prove lethal within the context of consumption rates required to actually win/earn the rewards being promoted as part of the MCR program.
28. In fact, upon information and belief, the consumption of soft drink amounts required to facilitate earning the big-ticket rewards would cause a metabolic breakdown in the participants by virtue of a lethal electrolyte imbalance arising out of the over-consumption of the products involved.
29. Further, in the case of some of the high-ticket items being offered as rewards in the MCR program, the protracted over-consumption of the soda drinks would cause fatal hyponatremia (low serum sodium) in well under one (1) day. Upon information and belief, in the case of diet sodas, especially those containing aspartame, as is the case with many of the products manufactured by Defendant, the quantities required to entitle a MCR program participant to the big-ticket rewards could cause irregular heart rhythm and an inappropriate interaction with cardiac medication; could damage the cardiac conduction system; and could cause sudden death. Upon information and belief, aspartame breaks down to diketopiperazine, a brain tumor agent. Also upon information and belief, aspartame is accused of triggering many degenerative diseases and allegedly has been linked by some medical studies to be a multi-potential carcinogen.
30. The actions of the Defendant with respect to its MCR program and its targeting of minors to participate in same is wholly violative of the public trust which is placed in the hands of manufacturers of food items for consumption in the United States.
31. The operation, promotion and advertising for the MCR program proves to be an immediate and potentially fatal health risk to potentially millions and millions of consumers of Coke products.
32. The MCR program sponsored by the Defendant Coke appears to be categorically a program with rewards, many of which are impossible to procure in compliance with the rules of the program and will be fatal to those who try.
33. In effect, the Defendant has designed and marketed a program to reward the general public for consuming its products and, in the process, has set the bar for procurement of the rewards so high as to mandate lethal consumption of its products to in effect be a condition precedent to entitlement by a participant to many of the rewards.
34. Legal relief alone will be insufficient to remedy the potentially devastating and life threatening and costly effects of the Defendant’s MCR program.
35. Absent the equitable relief sought herein, many uneducated, under-educated, and unsupervised minors could be exposed to grave and imminent bodily harm, up to and including death, if they continue with their pursuit of many of the rewards set forth in the MCR program, especially given the program credo “Drink Choose Live.”
WHEREFORE, Plaintiff prays this honorable Court enter a temporary restraining order, preliminary injunction and permanent injunction ordering:
a. That Defendant immediately cease in all respects from operating the MCR program in a fashion which permits minors from participating in same;
b. That the Defendant take those steps necessary to re-calculate the number of points required to facilitate procurement of a MCR program reward to a level which will not kill or otherwise permanently physically mame or disable a participant;
c. To immediately take those steps necessary to educate the public about the damaging and potentially deadly/lethal effects of over-consumption of the Defendant’s products in a fashion consistent with and to the same extent and scope as that employed to promote the MCR program to date;
d. To immediately cease and desist in all respects from utilizing the promotional language of “Drink Choose Live” to promote the MCR program;
e. To set up a monetary reserve in an amount deemed just and appropriate by this Court to address the long-term adverse medical effects inuring to the detriment of the general public by virtue of the MCR program;
f. And for such other and further relief as the Court deems just and appropriate in the circumstances.
________________________________________
JULIA HAVEY
STATE OF MISSOURI )
) SS
COUNTY OF ST. LOUIS )
Before me personally appeared, Julia Havey, being first duly sworn upon her oath and states that the facts contained in the foregoing instrument are true and correct to the best of her knowledge, information and belief.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this ________ day of July, 2006.
____________________________________
NOTARY PUBLIC
My Commission Expires:
KODNER WATKINS MUCHNICK & WEIGLEY L.C.
By:_____________________________
ALBERT S. WATKINS, #34553
Attorney for Plaintiff
Old Town Executive Office Building
168 N. Meramec Avenue, Suite 200
St. Louis, Missouri 63105-3758
(314) 727-9111
(314) 727-9110 Facsimile
Mission: to put the overweight and obesity epidemic on a decline by empowering people to live healthy.
Strategy: Educate, motivate, and inspire others on how to lead a healthy and happy lifestyle.
Product: The Online Vice Busting Diet Program http://www.vicebustingdiet.com
Contact: Julia@juliahavey.com Phone: 314-962-1946
Attorney for Plaintiff: Albert S. Watkins 314-727-9111