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.
** 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. **