Judge: “No Universe” Where PepsiCo Pallet Program Doesn’t Breach Contract

Dear Client: A New York Supreme Court justice said Thursday there was “no universe” where a new “incentivizing” Gatorade warehouse delivery pallet program introduced by PepsiCo late last year doesn’t violate the beverage giant’s distribution contracts with independent bottlers for direct store delivery (DSD) services. In an hour-long court hearing on PepsiCo’s motion to dismiss breach of contract claims brought by Admiral Beverage Corp. and several other bottlers, Justice Jennifer Schecter denied dismissing the case outright. (Recall, the bottlers brought