I did a paper on that in uni and was wondering why the hell Pepsi did not lose. It was a technicality but I don’t think they would win again in this day and age.
You’re way off on this. It wasn’t a close case back then, and since then the law has since shifted considerably towards Pepsi on this (advertising is very rarely construed as an actual offer in the contractual sense), so that it would be an even more lopsided win for Pepsi today.
Well I’m actually sitting at a computer right now so I might as well provide citations in support of what I was saying.
Here’s the judicial ruling. Note that the plaintiff lost on three independent issues, each of which was enough by itself for Pepsi to win:
Then, on appeal, three other appellate judges unanimously ruled that the district court got it exactly right.