Consumers complain that Red Bull drink claims had ‘wings’

| Oct 8, 2014 | Intellectual Property Litigation

It may seem obvious, but you would be surprised how many people actually expect Red Bull to give them wings. Indeed, it is virtually impossible for a person to sprout wings and fly, but this did not stop a group of people from suing the drink maker for false advertising.

To be fair, the plaintiffs in this class action suit didn’t really believe that they could grow wings. However, it appears that Red Bull promised that its drink will help increase concentration, reaction time, alertness and overall performance. According to a consumerist.com report, plaintiffs in a class action lawsuit filed against Red Bull contend that the persistence of this message in TV, radio and social media advertisements was sufficient to bring suit. 

Further, the plaintiffs claim that Red Bull has no scientific evidence to bolster its claims, which further calls the advertisement into question.

As a matter of law, companies and manufacturers may not use words, sayings or slogans that are false or misleading in the promotion of their products. Essentially, consumers have a right to know what they are buying. Consumers regularly depend on advertisements in order to make decisions about what they will buy, so the law is written to ensure that such trust is protected.

In the meantime, Red Bull is reportedly set to settle the lawsuit for $13 million. It appears that Red Bull will pay $6.5 million upon court approval of the settlement, and the remainder will be paid in $10 cash reimbursements and drink vouchers. 

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