Dr Pepper Suing Dr Pepper Over Using Dr Pepper

Plano-Based Dr Pepper Wants Dublin Dr Pepper to Stop Selling the Good Stuff Everywhere

By Robert Wilonsky

From http://blogs.dallasobserver.com/

Courtesy Flickr user Rich Anderson

​Last night KXAS-Channel 5 had a most fascinating story: Dr Pepper v. Dr Pepper. Specifically, Plano-based Dr Pepper/Seven Up Inc. says the Dublin-based maker of The Real Thing (that is, a Pepper flavored with original-formula Imperial Pure Cane Sugar) is violating its 2009 licensing agreement that says the Central Texas bottler can only sell the good stuff in six counties: Comanche, Eastland, Erath, Hood, Hamilton and Bosque. Says the suit:

Using the "Dublin Dr Pepper" logo, Defendant is
selling across the United States from New York to California, throughout Texas, and in Plano,
Collin County, Texas, through solicitations on its website, a toll-free number, its Facebook page,
and to restaurants and retailers. This conduct directly violates the License Agreement's
prohibitions on sales outside of the six counties and infringes the rights of Plaintiff and its
licensed bottlers whose sales are diminished by Defendant's unlawful shipments.

As I wrote a couple of years back, when Heritage Auction Galleries was selling what was believed to be the original recipe for "Dr Pepper Pepsin Bitters," I remember well the days when my old man used to have to meet a dude in a parking lot to buy Dublin Dr Pepper -- very seedy for a soda. Then, of course, it started showing up at Central Market, and elsewhere, for around $7 a six-pack for those 8-ounce bottles-- very pricey for a soda. Then Plano-based Dr Pepper wised up last year and started selling 12-packs of real-sugar Peppers in 12-ounce cans to commemorate the 125th anniversary; Target sold the boxes of collectible cans (collect all six!) for a whole $4. Then Dr Pepper stopped, insisting it was a limited-time-only offering. My dad, who'd resisted the urge to hoard, hasn't been the same since.

Right now, you can't get the good stuff from the source via the Internet: "Many items recently on display -- including our 8 oz glass bottles and 12 oz cans -- are unavailable for internet purchase." The complaint, and one of the exhibits filed, follow. I'd recommend reading them at 10, 2 and 4.


Dr Pepper v Dr PepperExhibit in Dr Pepper lawsuit

Is Diet Soda Really the Healthier Soft Drink?

New study finds link between drinking diet soda and an increased risk of heart attack and stroke

by Lisa Freedman

The premise: Many soda drinkers opt for diet over regular, thinking that the zero calories and zero sugar makes the drink a healthier option. But the scientific evidence backing up that idea is lacking. In fact, a 2005 study reported that people who drink diet soda instead of regular don’t lose any extra weight. Rather, they gain weight. Now, a new nine-year study finds a connection between drinking diet soft drinks and an increased risk of heart attack and stroke.

The set-up: Researchers gathered 2,465 subjects. The average age was 69 and about two-thirds of the participants were women—but the findings are still applicable to you. “We didn’t see any interaction with age or sex,” says study researcher Hannah Gardener, ScD, an epidemiologist at the University of Miami Miller School of Medicine. “Therefore there’s no reason why the results would be different for younger, male subjects.”

At the start of the study, people were asked to document what foods and beverages they consumed and how often they consumed them. They were asked about their exercise routines and whether they smoked or drank alcohol. And the participants had physical checkups.

With the preliminary research in: 901 participants said they never drank soda or drank it less than once a month, 282 said they drank at least one regular soda daily and 116 reported they drank at least one diet soda a day.

The results: Over the next nine years, those who drank diet soda daily were 48 percent more likely to have a heart attack or stroke, compared with those who rarely drank soda. There was actually no risk increase for cardiovascular disorders among the daily drinkers of regular soda.

“We had a strong bias for conducting the study, as other diet soda studies have suggested an association between diabetes, weight gain, coronary heart disease and other ailments, but we were surprised to find the strength of the results,” says Gardener.

A few flaws in the study are worth noting: Participants were only asked about the soda habits at one point (they may have changed habits at some point during the nine years) and there’s no information about which soft drinks were being consumed. And even though the researchers tried to consider for risk factors that that could skew the results, they couldn't account for everything.

The takeaway: Despite the overwhelming results, the study doesn't prove cause and effect. Meaning, it’s too early to recommend swapping a diet soda for a regular calorie-heavy soda. “I actually don’t think you should drink any soda at all,” Gardener suggests. “I’d always recommend a glass of water over any other beverage.”

Dr Pepper in Japan Looks Darn Exciting

By Nick Rallo

From http://blogs.dallasobserver.com/

Daily What via Reddit User adam1988

Perusing the Daily What this morning, we came across the photo from Reddit user adam1988, who posted the above photo with the title "Just a Dr. Pepper can from Okinawa." So, in case you're keeping track of Texas-based Dr Pepper updates today: Can art for the soda in Japan looks like this, and the new DP diet drink Dr Pepper 10 is "not for women."

Pot meets pop: Local entrepreneur plans to market line of smartly branded medical-marijuana soft drinks

Clay Butler and his soda pot. (Bill Lovejoy/Sentinel)

By WALLACE BAINE

from  http://www.santacruzsentinel.com

SOQUEL -- How strange is the emerging world of medical-marijuana entrepreneurship?

Consider Clay Butler, who may soon be marketing a food product that he's never tasted, and that he would never buy. The product is called Canna Cola, and it's a soft drink that contains THC, the psychoactive ingredient in marijuana, aimed at medical marijuana dispensaries.

"I don't do drugs," said the Soquel-based commercial artist. "Never have. I never drank, never smoked. I'm a clean-living guy. I've had two beers in my whole life, and I remember them both too. No marijuana, I've never smoked a cigarette. I take an aspirin when I get a headache. That's it."

Yet, Butler is a partner in a company that is poised to move aggressively in a market that could one day be enormously popular by combining pot with soda pop, two products widely seen as scourges by many Americans -- though those upset by one tend to be approving or indifferent to the other.

"Even though, personally, I'm not interested and I don't think it's right for me," said Butler, "I'm a firm believer that adults have an inalienable right to think, eat, smoke, drink, ingest, decorate, dress any way they choose to do so. It's your life; it's your body."

What really intoxicates Butler is branding, the art of differentiating a product in the marketplace through words and images. And he's designed a line of soda pop that he says will be branded to take advantage of an entirely new market. The line includes the flagship cola drink Canna Cola, the Dr Pepper-like Doc Weed, the lemon-lime Sour Diesel, the grape-flavored Grape Ape and the orange-flavored Orange Kush. Marijuana sodas do exist in the marketplace. But, said Butler, none of them have the branding savvy of his product.
"You look at all the marijuana products out there, and they are so mom-and-pop, hippie-dippy and rinky-dink," he said. "If someone can put every color on the rainbow on it, they do. If they can pick the most inappropriate and unreadable fonts, they will. And there's marijuana leaves on everything. It's a horrible cliché in the industry."

Butler's epiphany was to market the THC-laced sodas "how Snapple or Coca-Cola or Minute Maid would make a marijuana beverage, if they ever chose to do it." 

Thus, he used the marijuana leaf -- it's an unavoidable part of the "brand DNA" of marijuana products, he said -- but he designed a leaf made of bubbles, to suggest soda pop.

The beverage line's dosage of THC will be "somewhere between 35 to 65 milligrams," said Scott Riddell, the founder of Diavolo Brands, which is marketing Canna Cola. He said the levels of THC in his line of soft drinks will be substantially below the levels of many drinks now on the market. He likened his product to a "light beer" alongside high-proof liquors.

"It's got a mild marijuana taste," Riddell said. "But the taste factor is really negligible compared to some competitors with three times the THC. When you get to that level, you really have a heavy aftertaste."
The new sodas will retail for between $10 and $15 per 12-ounce bottle. 

The company plans to launch its product in medical marijuana-friendly Colorado in February. California, however, remains a wild card. Plans are tentatively to have it in California dispensaries in the spring.
But, Riddell said, he is concerned about a bill in Congress, the so-called Brownie Law SB 258, which would double the penalties for anyone who produces a product that combines marijuana with "a candy product" or markets it to minors. The bill, which was sponsored by Sen. Dianne Feinstein, passed the Senate last summer and is currently in the House. The bill poses a threat to all so-called "medibles," food products containing THC, Riddell said.

Working in the medical marijuana field presents entrepreneurs with unique challenges. The use of marijuana for any purpose is still illegal in federal law, despite various state laws regarding its medicinal use. As a result, the soda cannot be transported across state lines. Canna Cola sold in California would have to be manufactured in California. The company also has to conform to a wide range of county and municipal laws regarding medical marijuana.

And then there's the supplier factor. Butler said that his company has had to inform all of its suppliers -- bottles, caps, the shrink-wrap labels that go on each bottle -- about the nature of their product. Many have balked. 

"We tell everyone flat out what the product is. We can't have a supplier finding out after the fact and saying, We can't be involved in this.' Not everyone will take your job," he said. "Of course, if we're selling cigarettes or alcohol or Vicodin or Viagra, it would be fine."

Assuming the Canna Cola line becomes profitable selling to dispensaries, its business profile will change dramatically if marijuana should ever become decriminalized on a federal level. If that were to happen, Butler doubts the food-industry behemoths will dive into the market immediately.

"My suspicion is that, if some day it is decriminalized, and you can get marijuana products in a liquor store or a 7-Eleven, I really don't think it would be the big established food companies that would get involved," Butler said. "I could see them buying out existing brands, which is a lot easier for them anyway. I think the market is going to the early pioneers."

Bolivian Coca Colla Is The Real Thing -- Coca Leaf Included

By Marc Perton
From http://consumerist.com/

(roitberg)

Back in the late 19th century, Coca-Cola hooked customers with a narcotic hit drawn from its namesake coca leaf. These days, Coke is cocaine-free, and may or may not still have coca-leaf flavoring, depending on who you speak to. But a new drink from Bolivia, Coca Colla, isn't shy about its ingredients, even sporting a bright green coca leaf on its label.

The energy drink, produced by a small Bolivian company that develops legitimate uses for coca leaves, uses coca-leaf flour as a key ingredient. It apparently lacks the cocaine that made early Coca-Cola popular, but is gaining cult status since being served at President Evo Morales' inauguration. Morales is no fan of the leading American cola, and the Bolivian government may help its own drink build some buzz:

“

The beverage is named after both the coca leaf, a plant that is virtually the national symbol of Bolivia, and the local population. The word "colla" is a local term referring to the descendants of the indigenous Aymara people, a heritage Mr. Morales shares. Mr. Morales has also headed a union of coca farmers.

Although the Bolivian government is still studying Coca Colla and hasn't provided any financing, Mr. Morales is no fan of the other Coca-Cola. He has criticized the soft drink, and referred to Coke in a recent speech as "the liquid that plumbers use to unblock the toilets."

”

The American company isn't currently planning any legal action against the Bolivian startup -- though we hear Coke may be investigating the local plumbing industry.

Global Marketing: Bolivian Coca Colla Is No Coke [Advertising Age]

What Should I Drink? Soda Pop Edition (Flowchart)

Posted by: Heesa Phadie

From: http://topcultured.com/

Soda, pop, Coke…whatever you call it, we all love it and some of us have even been sipping the stuff from the moment we were weaned-off the bottle. There are hundreds of choices out there but how can one decide. This week Top Cultured tackles those though times when you need your thirst quenched by a tasty carbonated beverage. No longer will you stare blankly at the cooler…from now on you can stare blankly at the cashier, drink in had but empty pocket.
You may also enjoy our other flowcharts:
Fast Food
Cereal
Chain Restaurant
Beer
Freezer Aisle
Candy
Produce Aisle

10 Unfortunately Named Drinks

It’s hilarious when people spend huge money on creating a unique concept, setting up the production process, planning the promotion – and fail at the very basic: the product name. Here are 10 unfortunately named drinks: whether it is funny or plain stupid – that’s for you to decide!

1. Pee Cola:

The name of the soft drink (produced in Ghana) has some clear disgusting associations. And it should be noted that English is official language of Ghana, so they might have meant what it sounds like:

2. Pocari Sweat

One of the more unfortunately named drinks, Pocari Sweat tastes like a combo of an old fashioned Shasta and Sprite.

3. Booty Sweat

Booty Sweat, Alpa Chino’s energy drink, from Tropic Thunder is probably meant to have a sensationally-sounding name to promote itself, so they did a good job:

4. SARS

This drink, made by Golden Circle (New Zealand), unfortunately shares its name with the SARS (Severe acute respiratory syndrome) virus. There have been two pandemics of SARS reported in recent years.

5. Vergina

Produced in Greece, this beer is named after a small town but it does sound funny when transliterated into English:

6. Pussy

MTV’s Pussy drink was named so on purpose to get some attention:

The name Pussy shocks and demands attention – that’s the point. Inhibition is a recipe for mediocrity. This is a premium energy drink named with confidence.
Pussy believes in natural energy – because it’s better for you.

But can we say that was a good choice anyway?

7. Erektus

Erektus Energy drink with contents of guarana, caffeine, vitamins and extract of exotic plants Damiana, Schizadra, Maté, Ginseng, effective against tiredness and stimulating efficiency. I see the idea here but is it for men only?

8. Deepresso

“Deepresso” is the last thing we normally want coffee to cause in us:

9. Sac Sac

No clear associations here (or are there?), it just sounds stupid…

Source

10. Waterproof water:

It just doesn’t make sense to me: how can water be “waterproof“?

Source

Pepsi Introducing Pure Sugar Sodas To The US

Author: Steve

On April 20th Pepsi will start selling versions of Pepsi and Mountain Dew that use real sugar, rather than nasty high fructose corn syrup. The drinks will only be available until June, and while I’m hoping this is a test run to bring the big soda boys back into the sugar camp it probably has a little more to do with Passover. Jewish people who observe Passover generally don’t consume grains; hence the reason for seeking out sugar based sodas. Kosher Pepsi and Kosher Coke have been providing this alternative every year for awhile now, so no Jewish persons need go without a fizzy pop. But this is the first time Pepsi has made a serious push in the US market to test out pure sugar versions of Pepsi-Cola and Mountain Dew in a long while.

Of course you can still get pure cane sodas, if you search for them. Here in Syracuse I favor Jones Soda, a Canadian company, for my carbonated sweet drink choice. The great news is Pepsi has said the price for the pure sugar version will be the same as the traditional one. A concern since HFCS has been used for so long due to its absurdly lower price.

I know you shouldn’t really drink pop at all, but if you do it should be made with sugar. So go out and support this product, and even if we’re not eating or drinking healthy…we’re at least a tad bit healthier. Baby steps out of the office, and baby steps onto the elevator.