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Dr Pepper has fallen foul of rock star Axl Rose, frontman of rock group Guns N' Roses, as a result of the company's difficulties with keeping its promise of a free can of its carbonated beverage to every American if the band released its album within the year.

The group's sixth album, Chinese Democracy, has reportedly cost the record label Universal $13m and has been 14 years in the making.

The offer from the Dr Pepper Snapple Group-owned company was originally introduced in March, and according to the Guns N' Roses website, Axl Rose initially stated he was happy to have Dr Pepper's support.

However, on the day of the release of the album, the 24-hour website was unable to cope with the amount of visitors who tried to download coupons to be exchanged for cans of Dr Pepper.

As a result of the many complaints, the company offered a toll-free phone number to register for coupons and extended the offer for an additional 18 hours.

Nevertheless, members of the rock group don't feel that these actions have been sufficient and have threatened legal action if the beverage maker fails to take out full-page newspaper ads to apologise, expand its redemption offer and reimburse the band for unauthorised use of their publicity.

"Our clients are outraged at your treatment of their fans and the American public in general," Guns N' Roses lawyer Alan Gutman wrote in a letter to Dr Pepper Snapple Group CEO Larry Young. "This offer was an unmitigated disaster which defrauded consumers and, in the eyes of vocal fans, 'ruined' the day of Chinese Democracy's release."

In response, Dr Pepper spokesperson Greg Artkop said the company is "disappointed that GNR's lawyers are turning a fun giveaway into a legal dispute."