Wednesday, October 08, 2014

Red Bull Drinkers Claim Your $10 Check or $15 Worth of Free Red Bull Products Thanks to $13M Settlement

It may seem like common sense that Red Bull doesn't in fact give you wings. However, that marketing slogan has (at least in some eyes) paved the way to claims that the energy drink gives consumers a physical 'lift' or 'boost' and was enough in the eyes of a New York District judge been enough to represent false advertising. Forcing the company to reach reach an agreement to pay out more than $13 million after settling a US class action lawsuit that accused Red Bull of making false and misleading advertising claims

The class action lawsuit was originally brought forth by Benjamin Careathers, a supposed Red Bull drinker since 2002, and was filed on Jan. 16, 2013 in U.S. District Court of the Southern District of New York. The suit argues that Red Bull misleads consumers about the superiority of its products with its slogan “Red Bull gives you wings” and its claims of increased performance, concentration and reaction speed, to name a few. This deception is proliferated through the company’s advertising on television, the Internet, social media and events, athlete endorsers, glossy print brochures, marketing campaigns and its slogan-promoting Red Bull Flugtag series, according to the suit.

The suit says of Red Bull’s marketing:
Such deceptive conduct and practices mean that [Red Bull’s] advertising and marketing is not just ‘puffery,’ but is instead deceptive and fraudulent and is therefore actionable.
Red Bull released this statement following the settlement:
Red Bull settled the lawsuit to avoid the cost and distraction of litigation. However, Red Bull maintains that its marketing and labeling have always been truthful and accurate, and denies any and all wrongdoing or liability.
As part of the settlement Red Bull will reimburse customers disappointed that the energy drink hasn’t lived up to their expectations with either a check for $10 or a voucher for $15 worth of Red Bull products. To submit your claim, head here and complete the form no later than March 2, 2015. You may choose to receive one of the following two benefit options: cash reimbursement of $10 OR $15 worth of Red Bull products shipped to your home. Click here for more information.

** No proof of purchase is necessary to obtain settlement benefits. However, the Claim Form must be signed by you under penalty of perjury (either by hand or, if you submit it online, electronically), affirming that you are a qualified member of the Settlement Class and that the information provided therein is true and accurate to the best of your knowledge. **

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