For devoted fans of Sierra Mist, the news of its discontinuation in January came as a fizzy shock. PepsiCo, the beverage giant behind the lemon-lime soda, announced it was pulling Sierra Mist from shelves to make way for a fresh contender: Starry. The company positioned Starry as a “soda for a generation of irreverent optimists,” emphasizing its appeal to a younger demographic on their website, branding it “the next choice of the new generation.”
However, the official narrative from PepsiCo isn’t the only story bubbling up around this beverage switch. A TikTok content creator, Cierra Mistt, has stepped into the limelight, claiming that the name change wasn’t just a marketing strategy, but potentially a response to legal pressure from PepsiCo directed at her due to the similarity between her name and the discontinued soda brand. Her allegations have ignited a viral storm across social media platforms, sparking debates and raising eyebrows about the real motives behind Sierra Mist’s rebranding.
Cierra Mistt, known for her engaging content as a flight attendant, asserts that she has been using her online moniker since the era of AOL Instant Messenger. In a YouTube video dating back to July 2023, she revealed that PepsiCo had accused her of trademark infringement. She further elaborated in more recent videos, stating that she received a cease and desist letter from the beverage behemoth, threatening a lawsuit for “copyright infringement and defamation.” According to Mistt, the company felt her “spicy flight attendant” content clashed with their brand values.
Initially, Mistt considered complying with PepsiCo’s demands to change her name. However, a deeper investigation with her legal counsel revealed a twist: PepsiCo’s trademark rights to “Sierra Mist” had lapsed. Feeling “intimidated and gaslit,” Mistt decided to turn the tables and acquired the copyright for “Sierra Mist” herself.
According to the U.S. Copyright Office, copyright protection is not perpetual. Once the protection period expires, the work enters the public domain. Trademark Factory also highlights that trademark offices do not send renewal reminders, and failure to renew registration by the deadline results in the mark being removed and deemed abandoned.
Mistt suggests that by obtaining the rights to Sierra Mist, she could have pursued legal action against PepsiCo. However, she believes the company strategically executed a “PR move of rebranding” to sidestep the potential legal challenge. She argues that simply changing the name, while also introducing new flavors and ingredients for Starry, served as a diversion, drawing attention away from the trademark issue and towards the new product launch. In her view, this rebranding was a calculated maneuver by PepsiCo, a company with enough industry experience to understand the implications of such a name similarity and potential trademark conflicts.
As of now, PepsiCo has not officially responded to Cierra Mistt’s claims, leaving the viral theory circulating without direct confirmation or denial from the company. While PepsiCo officially positions Starry as a modern, crisp lemon-lime soda designed for today’s generation, the viral narrative presented by Cierra Mistt adds a layer of intrigue and raises questions about the complete story behind Sierra Mist’s transformation into Starry. The situation underscores the complexities of brand management, trademark law, and the powerful influence of social media in shaping brand perception and narratives.
