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PepsiCo Threatens CrossFit, Inc. With Legal Action Over Hyponatremia Image

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On March 27, 2019, PepsiCo sent CrossFit, Inc. a cease-and-desist letter regarding the artwork accompanying Professor Tim Noakes’ Hyponatremia of Exercise series. CrossFit, Inc. created the image for this series exposing Gatorade’s deadly marketing campaign. The artwork served to elucidate Gatorade’s hydration myths, not advertise or indicate a commercial good or service. As such, it fell solidly within CrossFit’s fair use rights. CrossFit will not comply with PepsiCo’s demands and is prepared to defend its rights to the full extent of the law. CrossFit also will continue to shine a light on the fatal consequences of the food, beverage, and pharmaceutical industries’ efforts to make a profit through the corruption of the health sciences—including nutrition, exercise, and hydration.

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