pepsi – Techdirt (original) (raw)

Indian Court Grants PepsiCo's Takedown Request Targeting Thousands Of 'Disparaging' Social Media Posts

from the I-love-the-smell-of-burning-Kurkure-in-the-morning dept

A global conglomerate concerned about the reputation of its plastic “safe vegetarian” snack has talked an Indian court into ordering the blocking of thousands of posts it finds disparaging. MediaNama has more details (and links to court docs!) on PepsiCo’s social media purge.

PepsiCo has obtained an interim order from the Delhi High Court to delete hundreds of posts on Facebook, Twitter, Instagram and YouTube, documents obtained by MediaNama reveal. PepsiCo confirmed the development in a statement to MediaNama. These posts, PepsiCo said in its petition, furthered the myth that PepsiCo’s Kurkure corn puffs product contains plastic. The civil defamation suit compiles years of posts on the social media platforms, demanding that they be taken down. There are 3412 Facebook links, 20244 Facebook posts, 242 YouTube videos, 6 Instagram links, and 562 tweets that have been ordered removed.

This order [PDF] covers more than just content heavily insinuating PepsiCo’s Kurkure snack is made of plastic. It also covers posts joking about the subject or satirizing the mini-hysteria surrounding the suddenly-infamous snack. This followed another courtroom win in India for the snack maker.

Earlier this year, it obtained an order blocking social media posts claiming Lay’s potato chips were made of plastic. (It was also claimed the potato chips would kill those who consumed them, which they will, but eventually, not immediately.) PepsiCo, however, did not issue a statement at that time insisting Lay’s chips were a “100% safe, vegetarian snack made from trusted, high quality everyday kitchen ingredients.”

The social media posts drawing the most heat from Pepsi have been those in which the snack is lit on fire as evidence of its inherent dangerousness (and supposed plastic content). As Pepsi noted in its complaint, the snack product is indeed flammable, just as many snacks are.

“Any food item containing carbohydrate, oil and protein, will burn when exposed to fire,” the petition said, listing out a series of safety certifications its products and factories have received.

Companies are obviously interested in protecting their brands, but the interim blocking orders obtained by Pepsi target more than idiots claiming its snacks are as harmful as vaccinations. It also took down posts mocking the idiots because nuance and context are the first things to go when seeking takedowns at scale. This tweet mocks the spread of “news” on Whatsapp by listing a couple of bogus news items apparently making the rounds.

If you can’t read/see the screenshot, the Twitter conversation goes as follows:

Prasanto K Roy: For many, news breaks on WhatsApp. “Did you HEAR the news?!! Kurkure has plastic! Coke melts teeth” @ndcnn @gautamghosh @malabhargava

KurkureSnacks: @prasanto @ndcnn @GautamGhosh @malabhargava Kurkure is 100%safe made with rice,corn & besan.It doesn’t contain plastic.Don’t believe rumours

Prasanto K Roy: @KurkureSnacks yes I know; that was my point. The “news” on WhatsApp–isn’t.

The tweet has been withheld in India, despite Pepsi’s own response to one of the claims made and despite the Twitter user making it clear he was mocking the spread of bogus “facts.” (Pepsi did not offer to correct the record on Coke’s shocking ability to generate life “melt teeth.”)

The order Pepsi obtained not only demands the deletion/withholding of nearly 20,000 social media posts, but it also instructs the platforms to withhold/delete any post offending Pepsi until this case is fully adjudicated. This veers pretty close to prior restraint, something India’s Supreme Court has actually ruled against. The only thing saving it from becoming a free speech violation is the notification requirement, which means the “offending” content must first be published before Pepsi can demand to have it removed.

But it still stinks a bit like censorship. The Indian government is aiding PepsiCo’s reputation management scheme by granting this blanket request which ignores the context of certain users’ posts. In doing so, Pepsi is no better than any company that issues DMCA takedown requests based on keywords and deciding everything returned in a search must be infringing. In addition, Pepsi’s own filing shows the company has engaged in plenty of counterspeech, which is a remedy anyone can use without having to bring the government into it. Finally, the targets of Pepsi’s actions should be the people disparaging its products, not the social media companies hosting the content. But it’s always easier to target social media platforms than the actual offenders, especially in countries that don’t offer immunity to service providers for user-generated content.

Filed Under: censorship, disparagement, free speech, india, jokes, kurkure
Companies: pepsi, pepsico

DailyDirt: How Sweet It Is?

from the urls-we-dig-up dept

We’ve been following diet fads for a while now — and seeing how sugar (in various forms) has been blamed for health problems. Artificial sweeteners are supposed to help us avoid consuming too much sugar (and be more healthy in the balance), but it’s probably not surprising that studies are starting to show that these alternatives to sugar also have their own side effects.

After you’ve finished checking out those links, take a look at our Daily Deals for cool gadgets and other awesome stuff.

Filed Under: artificial sweeteners, aspartame, diabetes, diet, food, food additive, lugduname, microbiome, phenylketonurics, stevia, sucrose, sugar, taste
Companies: pepsi

DailyDirt: Uncommon Un-Colas

from the urls-we-dig-up dept

A vast number of soft drinks are available, and some of the most popular ones seem to have started as medicinal tonics (even the ones that aren’t called “energy drinks” nowadays). Coca-cola was once a headache medicine that contained an unhealthy amount of cocaine — that wasn’t completely removed until 1929. Here are just a few other strange sodas with some unusual natural ingredients.

If you’d like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.

Filed Under: 7up, cel-ray, cocaine, drinks, food, lithium, natural ingredients, pop, soda, stevia, sugar, tonic
Companies: 7up, coca cola, pepsi

DailyDirt: Healthier Sodas Still Aren't That Healthy

from the urls-we-dig-up dept

It’s not easy to introduce a new soda (or pop or whatever you like to call carbonated soft drinks). Just try to find a bottle of New Coke, Crystal Pepsi, OK Soda or 7Up Gold — and those are just the discontinued sodas that had some significant marketing campaigns behind them. The successful introduction of diet sodas has evolved into a trend toward “healthier” sodas with vitamins, minerals, antioxidants, real sugar, no BVO, herbal supplements and all sorts of other ingredients that might provide some kind of health benefit. However, some of these healthy sodas are dying off because consumers don’t seem to want sodas that sound too good for you. Here are just a few examples of healthier sodas you might want to try.

Filed Under: 7up, 7up plus, antioxidants, dextrin, diet coke plus, diet soda, drink, fiber, food, health, minerals, new coke, pepsi special, pop, soda, tava, vitamins
Companies: coca cola, dr pepper snapple group, pepsi

DailyDirt: DIY Soda (Pop Or Whatever You Call Carbonated Beverages)

from the urls-we-dig-up dept

Making your own carbonated soft drinks has a few benefits — from knowing where all the ingredients came from (eg. no brominated vegetable oil) to getting the satisfaction of creating your own custom flavoring. It’s not quite as simple as punching a button on a vending machine, but it’s not exactly rocket science, either. Here are just a few links on being your own soda jerk.

If you’d like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.

Filed Under: beverage, flavoring, food, open cola, pop, recipes, soda, soft drinks
Companies: coca cola, pepsi, sodastream

DailyDirt: Breakfast of Champions…

from the urls-we-dig-up dept

Breakfast is supposedly the more important meal of the day. But does it matter what you eat for breakfast? There are plenty of incredibly unhealthy-sounding breakfast menus, but people are always coming up with even more outrageous breakfast items. Here are just a few examples of how kids can start their day.

If you’d like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.

Filed Under: breakfast, caffeine, cereal, fcat, food, fried, kickstart, mountain dew, soda
Companies: mcdonald's, pepsi

DailyDirt: Engineering The Perfect Taste

from the urls-we-dig-up dept

We know it’s not good for us, but why are we so addicted to processed foods? Part of it is related to convenience, but perhaps the real reason is because processed foods taste good — that is, if you like a lot of sugar, salt, and fat. As much as we would like to not think about it, a lot of science (and money for research, development, and marketing) goes into designing the perfect-tasting junk food that will have people coming back for more. Here are a few examples of how science is being used to trick our taste buds.

If you’d like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post.

Filed Under: airline food, bliss point, fat, food, salt, sugar, taste
Companies: pepsi

CBS Bans Commercial That Disparages Coke & Pepsi, But Lets Them Disparage Each Other

from the no-disruption-allowed dept

Oh, the benefits of incumbency. Sodastream is a cool new company that allows consumers to make their own carbonated beverages at home. Given its popularity, largely due to its ease of use, SodaStream’s stock has been on a run the last few months. It also possesses the potential to disrupt to established beverage companies like Pepsi and Coke.

Not surprisingly, SodaStream would like to advertise this fact. In fact, it is so keen on advertising the relative benefits of its product over the more traditional route of buying pre-made soda from the store that the company ponied up for a Super Bowl commercial. Unfortunately for SodaStream, the ad was rejected by CBS, not because it was too risque, but because it “disparages” other major advertisers (which is apparently more objectionable than borderline softcore porn a la GoDaddy and Mercedes). As Ad Age reported:

The content of its planned commercial seemed to have concerned CBS because it was a direct hit at two other Super Bowl sponsors and heavy network TV advertisers: Coke and Pepsi.

We’ve discussed elsewhere CBS’s newfound affinity for the ban hammer, but this isn’t even the first time this has happened to SodaStream. British regulatory authorities yanked Sodastream’s first major advertising campaign for “being too disparaging towards soda manufacturers like Coke and Pepsi.”

How disparaging was SodaStream that its ads were pulled from television? Well, it simply pointed out that SodaStream was more environmentally friendly than drinking off-the-shelf sodas because, with SodaStream, “you could save more than 2,000 bottles a year.” Wow, that is incendiary. Not safe for public consumption!

It gets better. Clearcast, the NGO — funded by the British broadcasters — that pre-approves most advertisements for British television, reportedly offered this rationale for pulling the ad:

The majority decided that the ad could be seen to tell people not to go to supermarkets and buy soft drinks, [and] instead help to save the environment by buying a SodaStream. [SodaStream] was also told that it constituted denigration of the bottled-drinks market.

Hypocritically, U.S. broadcasters have allowed Pepsi to air Super Bowl ads that bashed Coke directly, as Ad Age also pointed out:

Interestingly enough, Pepsi has scored big points with viewers over the years by showing Super Bowl ads with Coke deliverymen abandoning their employer wholesale for a sip of a Pepsi drink.

Moral of this story: Pepsi and Coke can attack each other over trivial differences in their products, but don’t attack the business model of big incumbent advertisers.

Fortunately, there is an upside for SodaStream. All the controversy that these ads have stirred has generated a buzz around them. The SodaStream “banned Super Bowl ad” has already generated more than two million hits on YouTube in two days and generated a media buzz around the company itself. And that’s without having to splash $3.8 million worth of cash for a Super Bowl commercial. Another example of the Streisand Effect in action.

[SodaStream is running a commercial during the Super Bowl, but it was forced to replace Coke and Pepsi with fictional soda companies. However, that ad only has a little more than 17,000 YouTube views in the last two days.]

Cross posted from Project-Disco.

Filed Under: ads, commercials, competition, disruption, soda, super bowl, superbowl
Companies: cbs, coke, pepsi, sodastream

DailyDirt: Promotional Space Food

from the urls-we-dig-up dept

Red Bull made a huge advertising event out of Felix Baumgartner’s record-breaking free-fall from the edge of space. But it’s not the only food/drink maker to sponsor a space-related promotion. Maybe it’s a bit disconcerting that food companies have enough dough in their advertising budgets to fund crazy stunts, or maybe it’s awesome that advertising/marketing budgets are being used to fund incredibly cool projects…. Either way, here are a few other examples of sponsored space foods.

If you’d like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post.

Filed Under: ads, food, m&ms, space, sponsorship
Companies: coca cola, mars, pepsi, red bull

DailyDirt: Make The Logos Bigger, Better

from the urls-we-dig-up dept

Logos can convey all kinds of messages — and instill a sense of confidence or demonstrate a lack of attention to detail. Some logos are fun. Others are serious. Some company logos don’t change very much over a long period of time, but others seem to change with every passing design fad. Some logo re-designs are more successful than others. Here are just a few interesting logo collections of some branding campaigns that you might recognize.

If you’d like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post.

Filed Under: branding, design, logos, marketing, messaging
Companies: apple, pepsi