Dale Earnhardt Jr’s partnership with Mountain Dew served up a bevy of unique NASCAR schemes and plenty of memorabilia (“It’s my Dale Call”). But only the 2015 “Dewshine” Chevy SS was, in a roundabout way, tied up in legal proceedings.

Mountain Dew Dewshine was released the same week in which Earnhardt Jr’s ride — which would compete at the 2015 Food City 500 In Support of Steve Byrnes at Bristol — was unrelieved at a Nashville event that included a performance by Old Crow Medicine Show.  Though still a citrus soda, Dewshine strayed from the typical Mountain Dew lineup in that it was clear, made with sugar instead of high fructose corn syrup, and did not include orange juice. It was also sold in glass, four-pack bottles ($3.99) or, for a limited time, in 25-ounce jugs. That packaging was criticized by at least one advocacy group, Alcohol Justice, which alleged it was “blurring the line” between alcoholic and non-alcoholic beverages, and that high-alcohol and high-sugar products “grow their markets by appealing to young people.”

At least one advertisement noted Dewshine is “available legally for the first time” while underscoring it is non-alcoholic.

The Dewshine ride featured a rich, dark green paint accented with gold and sported the return of Mountain Dew’s original mascot, Willy the Hillbilly, on the hood. Earnhardt Jr. told Athlon Sports he “had a little involvement” in the look of the Dewshine ride, and he thought it turned out “great.”

Junior’s results in the Dewshine ride at Bristol weren’t “great,” however.  

His 2015 season was feast or famine heading into Bristol, the eighth race of the season. Junior’s campaign began with five top-10 finishes in the first seven races, four of them fourth or better. However, his two finishes outside the top-10 included a 43^rd at Phoenix and 36^th at Martinsville. Ultimately, the Food City 500 was his first “decent” finish of the season. Junior started the race 13^th and finished two laps off the pace in 16^th.

Though the Dewshine scheme only appeared in one race, a legal battle over the term “Dewshine” went on for several years after the No. 88 bearing the moniker raced at Bristol.

Ole Smoky Moonshine, based out of Gatlinburg, Tennessee, filed for a trademark for “Ole Smoky Mountain Dew Moonshine” in 2015. In 2016, PepsiCo filed an opposition to the trademark, arguing, essentially, the term Mountain Dew was synonymous with its soda brand. Ole Smoky countered that “Mountain Dew” had long been used as a byname moonshine. The company also noted the moniker was first used as a trademark in the late 19^th century for a distilled spirit, which was reportedly granted in 1897. ABC News reported the trademark filer’s great-grandson, “began the process in Kentucky of restarting Mountain Dew in 2004, with the intention of partnering with PepsiCo to sell his alcoholic Mountain Dew, but PepsiCo denied the request.”

In 2015, those trademark rights were sold to Ole Smoky.

The legal tussle continued until 2019 when Ole Smoky announced it asked the Trademark Trial and Appeal Board to disclaim the term Mountain Dew from its trademark application for Ole Smoky Mountain Dew Moonshine. A statement from Ole Smoky stated the company chose to release what it claims was its exclusive rights to the term “Mountain Dew.”

“Ole Smoky Distillery was founded with the historical understanding that ‘Mountain Dew’ means moonshine and we strongly believe that no single corporation, including Ole Smoky, should have a monopoly over its use for moonshine,” Joe Baker, Founder of Ole Smoky Distillery LLC, said. “We know the term Mountain Dew evokes different cultural interpretations and references, but that does not void its original meaning and historical connection to spirits and moonshine culture.”

However, this didn’t necessarily apply to PepsiCo’s Dewshine. It was discontinued two years earlier in 2017. Mountain Dew did not release a reasoning for the discontinuation of Dewshine.

Though strictly conjecture, in 2016 two Tennessee teens were reported dead, and a poison control official determined the teens had consumed a mixture of methanol racing fuel and Mountain Dew dubbed “Dewshine.” Adding to the tragedy, a father of one of the teens was killed later that year by stabbing.  

Earnhardt Jr.’s No. 88 Dewshine ride was featured in Lionel’s initial release of its 1/64 Authentics line featuring the diecast and a replica hood. An Action 1/64 “window box” version was also produced.

According to Diecast Registry, a total of 5,355 1/24 scale 2015 Earnhardt Jr. Dewshine diecasts were produced. They are broken down as follows;

• 3,445 ARC
• 450 Elite
• 360 Autographed ARC
• 188 Autographed Elites.
• 372 Color Chrome
• 48 Autographed Color Chrome
• 36 Galaxy Color Autographed
• 120 Liquid Color
• 48 Liquid Color Elite Autographed
• 72 Raw
• 72 Raw Autographed
• 36 Raw Elite Autographed
• 72 Vintage
• 36 Vintage Elite Autographed

Junior’s Dewshine diecasts still command high prices despite the extensive production run. As of this writing, over a dozen 1/24 and 1/64 examples sold in early 2025. All but one 1/24 example commanded over $100. The exception was a standard version with no box that still sold for $75. ARC versions with a box commanded between $135 to $190. An autographed example sold for $330, a Raw for $122 and a Vintage model for $400.

Several 1/64 NASCAR Authentics examples sold for $15 to $28, and two Action window box versions sold for $25 and $28.