The “Sierra Mist lawsuit girl” story is one of the most viral legal claims on the internet — a TikTok influencer named Cierra Mistt says PepsiCo sued her over her name, she fought back and won, and that’s why Sierra Mist became Starry. It’s a perfect David vs. Goliath story. The problem? The facts tell a more complicated picture. According to USPTO records and multiple trademark attorneys who reviewed the case, no federal lawsuit was ever publicly filed, and PepsiCo still owns the Sierra Mist trademark today. ogx lawsuit
This article breaks down every layer of the story — what Cierra Mistt actually claimed, what trademark law says, why PepsiCo really killed Sierra Mist, and what this whole saga means for influencers and brands navigating intellectual property in the social media age. The Lashify Lawsuit Explained
Quick Answer: The “Sierra Mist lawsuit girl” refers to TikTok creator Cierra Mistt, who claims PepsiCo sent her a cease-and-desist letter and later sued her over her name’s similarity to the soda “Sierra Mist.” She says she turned the tables by filing her own trademark claim after discovering PepsiCo’s registration had lapsed. PepsiCo has never officially confirmed or denied any of this. Trademark attorneys who checked USPTO records found no evidence of a filed lawsuit or trademark transfer — and PepsiCo still legally owns the Sierra Mist trademark. The real reason for the Sierra Mist-to-Starry rebrand appears to be declining sales, not a legal defeat.
What Is the Sierra Mist Lawsuit Girl Story?
Background: Where This Whole Thing Started
In January 2023, PepsiCo quietly announced it was discontinuing Sierra Mist — its lemon-lime soda that had competed against Coca-Cola’s Sprite since 1999 — and replacing it with a new drink called Starry. The company described Starry as a soda “for a generation of irreverent optimists” aimed at younger consumers.
A few weeks later, a TikTok creator with the handle @cierra_mistt started posting videos with a wild claim: she was the reason Sierra Mist was gone. According to her, PepsiCo had sent her a cease-and-desist letter demanding she stop using her online name because it was too similar to their soda brand. She said she almost complied — until her lawyer discovered something: PepsiCo had let its trademark registration lapse. So instead of backing down, she filed a trademark application for the name herself and went on the legal offensive.
The story caught fire. Millions of views, major news coverage, NBC’s fact-checking team weighing in, and Cierra becoming one of the most-discussed TikTok personalities of 2023. She even posted a video later claiming Pepsi had come back to offer her millions for the rights to the Sierra Mist name.
The Key Players
| Person/Entity | Role | Position |
|---|---|---|
| Cierra Mistt (@cierra_mistt) | TikTok influencer, flight attendant content creator | Claims she received cease-and-desist, counter-claimed, and “won” |
| PepsiCo | Beverage giant, owner of Sierra Mist brand | Has never officially commented on the dispute |
| Starry | PepsiCo’s replacement lemon-lime soda, launched January 2023 | Positioned as a Gen Z-targeted rebrand |
| USPTO | U.S. Patent and Trademark Office | Records show PepsiCo still holds active Sierra Mist trademark |
| Multiple Trademark Attorneys | Independent legal experts | Reviewed records and found no public lawsuit or trademark transfer |
Timeline of the Viral Story
| Date | Event | Details |
|---|---|---|
| 1999 | Sierra Mist launches | PepsiCo introduces lemon-lime soda to compete with Sprite |
| 2010 | Formula change | Rebranded as “Sierra Mist Natural” using cane sugar |
| 2014 | Another formula shift | PepsiCo experiments with Stevia sweetener |
| 2016 | Reverts to corn syrup | Returns to high fructose corn syrup formula |
| January 2023 | Sierra Mist discontinued | PepsiCo replaces it with new drink, Starry |
| Early 2023 | Cierra Mistt posts first TikToks | Claims PepsiCo sent her a cease-and-desist over her name |
| February 2023 | Follow-up video | Directly states “Pepsi tried to sue me and lost” |
| July 2023 | YouTube video | More detailed account of the alleged legal dispute |
| Late 2023 | Goes fully viral | Millions of views; NBC, Green Matters, and others cover the story |
| 2024 | Fact-checking wave | Trademark attorneys, NBC Debunks, and legal sites review the claims |
| 2025 | Records confirmed | USPTO, Stemer Law, and Tech & Media Law confirm PepsiCo still owns trademark |
| 2026 | Story persists | No public lawsuit ever filed; PepsiCo has not commented |
What Did Cierra Mistt Actually Claim?
Cierra Mistt’s account evolved across several videos, but here’s the core of what she said:
The cease-and-desist: PepsiCo sent her a formal letter demanding she stop using “Cierra Mistt” as her online identity because it was too similar to their “Sierra Mist” trademark. The company reportedly accused her of trademark infringement and defamation, arguing her content didn’t align with their brand values.
The counter-move: She says she was about to comply when her attorney found that PepsiCo’s trademark registration had lapsed — meaning they had failed to properly renew it. With the registration supposedly open, she filed her own trademark application for the “Sierra Mist” name.
The claimed victory: In a February 2023 TikTok, she stated directly that “Pepsi tried to sue me and lost.” In the video description, she wrote that “the conflict was amicably resolved.” She later implied PepsiCo even came back with a multi-million dollar offer to buy the rights from her.
What she couldn’t say: Throughout all of this, Cierra repeatedly cited “legal reasons” for why she couldn’t share more details — a move that conveniently prevented fact-checking while keeping the story alive and mysterious.
It’s worth noting that Cierra Mistt says she has used her name online since the AOL Instant Messenger era — long before her TikTok fame — giving her a genuine claim to the identity as her own personal brand, not a deliberate attempt to imitate a soda company.
What Do the Facts Actually Show?
The USPTO Record Problem
The biggest hole in Cierra Mistt’s story is the trademark registry itself. The U.S. Patent and Trademark Office maintains public records of all trademark registrations, transfers, and filings. Anyone can search these records at USPTO.gov.
Multiple trademark attorneys who searched those records found the same thing: PepsiCo still owns the Sierra Mist trademark. There is no record of a transfer to Cierra Mistt, no record of her trademark application being approved, and no record of any USPTO opposition proceeding between the two parties.
| Claim Made | What Records Show |
|---|---|
| PepsiCo’s trademark had lapsed | USPTO records confirm PepsiCo holds active trademark registration |
| Cierra filed and acquired trademark rights | No transfer to Cierra Mistt appears in USPTO database |
| A lawsuit was filed and won | No federal court filing found in PACER or state court records |
| Settlement occurred | No court-documented settlement exists |
| PepsiCo offered millions for the name | Unverified; no documentation provided |
No Court Case Exists
When trademark lawsuits actually happen, they leave paper trails. Court filings, docket entries, case numbers, motions, hearings — these are all public records. As trademark attorney Sarah Stemer of Stemer Law noted after reviewing the available records, there is simply no evidence of a federal lawsuit between PepsiCo and Cierra Mistt. The same conclusion was reached by the legal team at Tech & Media Law.
Real trademark litigation typically takes 18 to 36 months from filing to resolution. A case that was supposedly “filed and won” within the span of a few weeks — especially against a Fortune 500 company with an army of IP lawyers — would be extraordinary. Nothing in the public record supports it happened.
Trademark vs. Copyright: A Key Confusion
One early red flag in Cierra Mistt’s account was her use of the word “copyright” when describing the dispute. She said she discovered PepsiCo’s “copyright” had expired and that she bought the “copyright” to Sierra Mist.
That’s not how any of this works, and it matters:
| Concept | What It Protects | Duration | Applies Here? |
|---|---|---|---|
| Copyright | Creative works — books, music, art, films | Life of creator + 70 years, or 95 years for corporate works | No — brand names are not copyrightable |
| Trademark | Brand names, logos, slogans in commerce | Indefinite, as long as renewed and used | Yes — “Sierra Mist” is a trademark |
| Common Law Rights | Trademark protection based on actual use, even without registration | As long as the mark is used in commerce | Yes — PepsiCo has 24+ years of use |
Brand names like “Sierra Mist” are protected by trademark law, not copyright. And trademarks don’t just expire when a product gets discontinued — a company retains common law rights based on years of commercial use, even if a registration lapses. PepsiCo used the Sierra Mist name in commerce for over two decades. Those rights don’t vanish because someone files a new application.
Why Did PepsiCo Really Kill Sierra Mist?
The more you look at the business data, the clearer the actual reason becomes: Sierra Mist was a weak performer, and Pepsi had been planning to replace it for years.
The Sales Numbers Tell the Story
In 2021, Sprite outsold Sierra Mist by roughly six to one in the lemon-lime soda category. Sierra Mist held only about 0.3% of the total U.S. soda market, compared to Sprite’s roughly 8.3%. For a product that had been around since 1999 and had gone through multiple rebrands and formula changes, that’s a dismal result.
PepsiCo’s CMO Greg Lyons confirmed the strategic rationale at Starry’s launch, saying the company was “hyper-focused on consumer-centric innovation” and saw a gap in the market for a lemon-lime soda that could appeal to younger audiences. Sierra Mist — despite years of tinkering — never broke through.
| Sierra Mist Market Performance | Data |
|---|---|
| Year launched | 1999 |
| Market share (2021) | ~0.3% |
| Sprite market share (2021) | ~8.3% |
| Sprite-to-Sierra Mist sales ratio | ~6:1 |
| Number of formula/brand changes | 4+ major changes over 24 years |
| PepsiCo’s stated goal for Starry | Appeal to Gen Z with stronger citrus flavor profile |
Danielle Barbaro, PepsiCo’s VP of Research and Development, explained that Starry was specifically developed to have stronger citric acid flavors and a “crisper, more aromatic” taste. This was a deliberate product redesign — not a hasty rebrand forced by a TikToker.
The Timing Is Suspicious — But Not in Cierra’s Favor
The timing of Cierra Mistt’s videos actually cuts against her story. PepsiCo announced the Sierra Mist discontinuation and Starry launch in January 2023. Cierra posted her “I’m the reason for this” videos after that announcement, not before. If she had truly won a legal battle that forced PepsiCo to rename their soda, she would have had advance knowledge — or at minimum, the rebrand would have come after any settlement, not before she even went public. Homestead Rescue Lawsuit
What Trademark Law Actually Says About This Situation
Even setting aside the factual disputes, the legal theory Cierra Mistt described has serious problems.
Can You Sue Someone for a Name That Sounds Like Yours?
PepsiCo absolutely could have sent a cease-and-desist over the similar-sounding names. Cease-and-desist letters are routine — large companies send thousands of them annually. They are not lawsuits. They are letters saying “stop or we’ll sue.” Most disputes end right there, with the person changing their username or the company deciding not to pursue further action.
But here’s the thing: courts generally allow people to use their own real names (or personal brand names they’ve established), especially when they’re not competing in the same market. Cierra creates flight attendant content on TikTok. She doesn’t manufacture or sell lemon-lime soda. A court would likely apply the “personal name defense,” which protects people’s right to use their own identity even if it resembles a trademark — as long as they’re not creating genuine consumer confusion in a competing space.
Do Trademarks Expire When Products Are Discontinued?
No. This is one of the most misunderstood aspects of the story. A trademark registration must be renewed periodically and must be accompanied by evidence of continued use — but “use” in commerce has a broad definition. Even after a product is pulled from shelves, a company can maintain trademark rights through licensing, merchandising, or demonstrating intent to resume use.
PepsiCo’s continuous use of “Sierra Mist” for 24 years before the discontinuation created strong common law trademark rights that don’t simply evaporate. Buying a lapsed registration (if one even existed) wouldn’t override those underlying rights — it would just create a legal fight the new applicant would likely lose.
What’s a Cease-and-Desist vs. an Actual Lawsuit?
| Action | What It Is | Public Record? | Legal Force |
|---|---|---|---|
| Cease-and-Desist Letter | A formal demand to stop certain conduct | No | None on its own |
| Trademark Lawsuit | A filed complaint in federal court | Yes — PACER | Legally binding if won |
| USPTO Opposition | Challenge to another party’s trademark filing | Yes — USPTO TTAB | Affects trademark registration |
| Settlement Agreement | Mutually agreed resolution | Sometimes (if court-supervised) | Binding on parties |
Based on everything in the public record, PepsiCo appears to have sent a cease-and-desist letter — which is standard practice, not a sign of weakness or legal exposure. There’s no evidence they ever filed an actual lawsuit or lost any formal proceeding.
Why Did This Story Go So Viral?
The Sierra Mist lawsuit girl story has every ingredient of a perfect internet myth:
A relatable underdog. Cierra Mistt is a regular person — a flight attendant — not a lawyer or a business titan. People root for her.
A credible-sounding villain. PepsiCo is one of the largest corporations in the world. The idea of them trying to bully a TikToker feels believable.
A real coincidence. The timing of the rebrand and her videos created genuine circumstantial drama. The names are similar. PepsiCo did send some kind of letter. A rebrand did happen.
Built-in deniability. “I can’t say more for legal reasons” is the perfect shield. It prevents fact-checking while keeping the mystery alive.
The viral spread machine. TikTok’s algorithm amplified the story to millions of users who had no reason to question it. By the time fact-checkers caught up, the myth was already established.
This matters beyond entertainment. Research consistently shows that viral legal misinformation — especially on social media — shapes public understanding of how law actually works. The Sierra Mist story has contributed to widespread misunderstanding of trademark vs. copyright, how cease-and-desist letters work, and what it takes to actually win a trademark dispute against a major corporation.
What This Means for Influencers and Content Creators
Whether or not Cierra Mistt’s account is accurate, the situation highlights real risks that any content creator should understand.
Your Personal Brand Can Trigger Trademark Issues
If your online name, channel name, or personal brand sounds similar to a registered trademark — even if it’s your real name — large companies may send cease-and-desist letters. This is especially likely if:
- Your name is phonetically similar to a brand name (Sierra Mist / Cierra Mistt)
- You have a large audience (millions of followers = more brand exposure = more perceived risk for the trademark holder)
- Your content touches on topics adjacent to the brand’s industry
- The brand is in an active rebranding or protective period
What To Do If You Receive a Cease-and-Desist
- Don’t panic and don’t ignore it. A cease-and-desist is not a lawsuit. You have time to respond thoughtfully.
- Get a real attorney to review it. Not a friend, not a TikTok legal commentator — a licensed IP or trademark attorney.
- Verify the sender’s trademark. Check USPTO.gov yourself. Is the trademark actually registered and active? In what categories?
- Assess the actual risk. Are you selling competing products? Or just using a similar-sounding personal name for unrelated content?
- Consider your options. Respond, negotiate, or proceed with legal guidance. Most disputes resolve without going to court.
Protect Yourself Before It Happens
| Protective Step | Why It Matters | How To Do It |
|---|---|---|
| Search USPTO before picking a name | Avoid accidental trademark conflicts | Search at USPTO.gov (TESS database) |
| Hire an IP attorney for brand review | Catch risks you might miss | Consult before you build a following |
| Document your name’s history of use | Establish prior use if challenged | Screenshots, old accounts, date-stamped content |
| Register your own trademark | Gives you formal protection | File through USPTO with legal help |
| Monitor for cease-and-desists | Be aware, not surprised | Check emails; respond promptly |
The Starry Era: What Actually Happened to Sierra Mist’s Market
Since this whole story is tangled up in PepsiCo’s rebrand, it’s worth noting how Starry has actually performed.
PepsiCo positioned Starry as a bold departure from Sierra Mist’s gentle, cane-sugar profile. Starry uses high fructose corn syrup, delivers a stronger citrus punch, and targets Gen Z through heavy social media marketing — including, somewhat ironically, TikTok campaigns. Early market results have been cautiously positive for PepsiCo, though Sprite remains the dominant force in lemon-lime soda by a wide margin.
Sierra Mist fans were not happy. Many felt blindsided by the sudden disappearance of the drink without clear advance notice from PepsiCo, and consumer watchdog group Sparrow noted that some buyers found PepsiCo’s communication around the transition unclear — leaving people unsure whether Starry was a reformulation or a completely new product.
Frequently Asked Questions
Who is the Sierra Mist lawsuit girl?
Quick Answer: She is Cierra Mistt, a TikTok influencer who creates flight attendant content and claims PepsiCo sued her over her online name’s similarity to their Sierra Mist soda brand.
Cierra Mistt has built a large social media following under her handle @cierra_mistt. She says she has used this name since the early internet era, long before her TikTok fame. In early 2023, around the time PepsiCo discontinued Sierra Mist, she posted videos claiming the company had sent her a cease-and-desist and subsequently tried to sue her — but failed. Taxotere Lawsuit Lawyer
Did PepsiCo actually sue Cierra Mistt?
Quick Answer: No public record of a lawsuit exists. Multiple trademark attorneys and legal outlets reviewed court records and found no filed complaint, no case number, and no docket entries.
Cease-and-desist letters are not lawsuits. If PepsiCo did send her such a letter (which she claims), that’s a routine IP protection measure — not a legal proceeding. For an actual lawsuit to have happened and been “won,” there would be a public federal court record. None has been found.
Did Cierra Mistt really buy the Sierra Mist trademark?
Quick Answer: No. USPTO records confirm PepsiCo still holds the active trademark registration for Sierra Mist. There is no record of a trademark transfer to Cierra Mistt.
Even if a specific registration filing had lapsed, PepsiCo’s 24+ years of continuous commercial use created strong common law trademark rights that can’t simply be displaced by a new application. Any attempt to register the name would face a serious challenge from PepsiCo’s legal team.
Is the Sierra Mist trademark the same as a copyright?
Quick Answer: No — these are completely different types of intellectual property. Sierra Mist is protected by trademark law, not copyright.
Copyrights protect creative works like books, songs, and artwork. Trademarks protect brand identifiers — names, logos, and slogans used in commerce. “Sierra Mist” as a product name is a trademark. Cierra Mistt’s use of the term “copyright” when describing the dispute suggests either a misunderstanding of IP law or oversimplification for her audience — and it’s one of the first signals that her legal account may not be fully accurate.
Why did PepsiCo really change Sierra Mist to Starry?
Quick Answer: The primary reason was poor sales performance. Sierra Mist held only about 0.3% of the U.S. soda market, while Sprite outsold it by roughly six to one in 2021.
PepsiCo had been fighting to make Sierra Mist work since 1999 — changing the formula, the sweetener, and the branding multiple times. None of it moved the needle against Sprite. The Starry rebrand was a strategic business decision to start fresh with a product designed specifically to appeal to younger consumers. PepsiCo’s CMO confirmed this in public statements at Starry’s launch.
Does a trademark expire when a company discontinues a product?
Quick Answer: Not automatically. Trademarks require renewal and evidence of ongoing use, but a company retains common law rights even after a product is pulled from shelves.
PepsiCo has decades of commercial use underlying its Sierra Mist trademark rights. Even if a specific registration filing had lapsed (which USPTO records don’t show), those common law rights persist. A company can also maintain trademark rights through licensing, merchandising, or demonstrating intent to resume use.
What is a cease-and-desist letter, and is it the same as a lawsuit?
Quick Answer: No — a cease-and-desist is a letter demanding someone stop a certain action. It is not a filed lawsuit and carries no legal force on its own.
Large corporations send thousands of cease-and-desist letters every year as part of routine trademark enforcement. Most disputes end right there. If someone doesn’t comply and the company wants to escalate, they would then file a lawsuit in federal court — which becomes a public record. There is no public court record of PepsiCo suing Cierra Mistt.
Could Cierra Mistt use her name even if it’s similar to a trademark?
Quick Answer: Likely yes, for non-competing purposes. Courts generally protect people’s right to use their own personal identity, especially when they’re not in the same market as the trademark holder.
Cierra creates TikTok content about being a flight attendant. She doesn’t sell or manufacture lemon-lime soda. In a hypothetical court battle over her name, she would likely have a solid “personal name defense” — though the phonetic similarity between “Cierra Mistt” and “Sierra Mist” would still be at the center of any dispute.
Why did PepsiCo never comment on this?
Quick Answer: PepsiCo has remained completely silent, which is actually consistent with standard legal strategy — and also consistent with there being nothing to comment on.
Companies generally don’t respond to social media claims, whether they’re true or not. Commenting could be seen as validating the narrative, could create legal exposure, or could simply draw more attention to a story they’d rather see fade. PepsiCo’s silence doesn’t confirm Cierra Mistt’s account any more than it denies it.
What happened to Cierra Mistt after this story went viral?
Quick Answer: She gained millions of followers and became one of TikTok’s most talked-about personalities, largely fueled by the Sierra Mist story.
She has continued creating content and growing her platform. In later videos, she hinted at even bigger developments — including claims of multi-million dollar offers from PepsiCo to buy the Sierra Mist name. None of these claims have been independently verified. She continues to use her @cierra_mistt handle without apparent legal interference as of early 2026.
Is there any consumer class action lawsuit related to Sierra Mist?
Quick Answer: There is no consumer class action settlement related to Sierra Mist that would entitle you to file a claim or receive compensation.
The “Sierra Mist lawsuit” in popular search results refers entirely to the Cierra Mistt/PepsiCo trademark dispute story — not a product liability or consumer protection class action. Some consumer commentary has touched on whether PepsiCo adequately informed customers about the Sierra Mist discontinuation, but no class action has been filed or settled that would result in consumer payouts.
Could PepsiCo lose the Sierra Mist trademark in the future?
Quick Answer: It’s possible but unlikely in the near term. Trademark registrations require periodic renewal filings and proof of use, but PepsiCo’s long commercial history with the name gives them a strong foundation.
If PepsiCo genuinely abandoned all use of the Sierra Mist name — stopped selling, licensing, or commercially referencing it — and then failed to renew their registration, the trademark could theoretically become available. But this is a slow process, and PepsiCo has strong incentive to protect the name given the amount of brand equity built over 24 years.
What should influencers and content creators learn from this story?
Quick Answer: Do a trademark search before building your personal brand around a name, and consult an IP attorney if you receive a cease-and-desist letter.
The Sierra Mist story — whether accurate or not — illustrates that content creators with large audiences can end up in the crosshairs of corporate IP enforcement. Names that seem purely personal can trigger trademark concerns if they’re phonetically similar to established brand names and the creator has a significant commercial presence. Getting ahead of this with a proper trademark search costs far less than dealing with a dispute after you’ve built your audience.
The Bottom Line: Viral Story vs. Legal Reality
| What Cierra Mistt Claims | What the Record Shows |
|---|---|
| PepsiCo sued her and lost | No public lawsuit or court record found |
| She acquired the Sierra Mist trademark | USPTO records show PepsiCo still owns it |
| The rebrand was because of her legal victory | PepsiCo announced Starry before her videos; sales data confirms strategic rationale |
| PepsiCo offered millions to buy the name back | Unverified; no documentation provided |
| The conflict was “amicably resolved” | Possible, but no evidence of what was actually agreed to, if anything |
The Sierra Mist lawsuit girl story is compelling precisely because it mixes real elements — an influencer with a similar name, a corporate cease-and-desist letter, a genuine rebrand — with claims that don’t hold up under legal scrutiny. Whether Cierra Mistt genuinely believes her version of events, strategically simplified it for her audience, or constructed a viral narrative is something only she knows.
What’s clear is this: PepsiCo still owns Sierra Mist. No lawsuit was ever publicly filed. The real reasons Sierra Mist disappeared from shelves have everything to do with market share and nothing to do with a TikToker from the flight attendant corner of the internet. And trademark law is considerably more complex — and less dramatic — than a three-minute TikTok video can capture.
If you’re an influencer, content creator, or small business owner who has received a cease-and-desist letter or is worried about a naming conflict, the right move is to consult a qualified trademark attorney — not take legal strategy tips from viral social media content.
For questions about trademark disputes or IP law affecting your brand or online presence, consult a licensed intellectual property attorney. General inquiries about legal referrals can be directed to [email protected].
Information in this article is current as of February 2026. USPTO trademark records can be independently verified at USPTO.gov.
