Fans who have been waiting for nearly a decade and a half to listen to new material from Guns N’ Roses were promised a free can of Dr Pepper to go with their album but things did not go according to plan.

Fizzy drink producer Dr Pepper made an exciting announcement in March of this year, promising to deliver a free can of soda to fans should rock band Guns N’ Roses release their long-awaited studio album before the end of 2008.

Work on “Chinese Democracy” started in 1995 and cost more than $10 million to come to fruition. It was finally released Sunday, November 23, and is currently available for listening but not downloading, on the band’s MySpace profile. (Then again, some fans already had a listen to nine of the songs on the album in June, when a 27-year-old blogger uploaded them on his website for a while.)

Frontman Axl Rose, the sole original member remaining, is said to have bordered on control-freakiness for this album, endlessly re-recording songs until he found satisfaction with the way they sounded.

Upon announcing its offer, Dr Pepper drew a parallel between Rose’s perfectionism and the company’s own quest for the perfect combination of ingredients and envisioned a double joy for listeners, as they poured the sounds of “Chinese Democracy” into their eager ears and Dr Pepper down their thirsty throats.

Jaxie Alt, Marketing Director at Dr Pepper, concluded the album would come to be referred to as “Dr Pepper for the ears,” anticipating it to be “such a refreshing blend of rich, bold sounds - an instant classic.”

The band was taken by surprise at the time and Axl Rose accepted Dr Pepper’s support. As to the company’s jibe that everyone would receive a free can of soda except for the band’s “estranged guitarists” Slash and Buckethead, Axl Rose said he would share his with them.

Things did not run all that smoothly Sunday though, as fans rushed over to Dr Pepper’s website, as directed, in order to get coupons that could be exchanged for free drinks. The site crashed under heavy demand and the company extended the offer to Monday.

This displeased many and Axl Rose heard of his fans’ discontent and took action. His lawyer sent an impassioned letter to Dr Pepper Tuesday, demanding an apology to the band and disillusioned fans for its “appalling failure to make good on a promise it made to the American public.”

Furthermore, the attorney, Alan Gutman, criticized Dr Pepper of exploiting Axl Rose’s “legendary reputation” and the eagerly awaited album with its campaign. The company is also solicited to extend its deadline so that fans can get their free soda.

Not everyone is relieved to finally have Guns N’ Roses’ sixth studio album, whether with accompanying can of soda or not. Chinese state media reacted quite negatively upon the album’s release, commenting that it “turns its spear point on China.” The album is unlikely to be sold legally in China.