Red Bull is apparently going to pay $13 million to avoid fighting an absurd class action lawsuit which asserts that Red Bull’s advertising that "Red Bull gives you wings" is "deceptive and fraudulent.
Seriously?! This is absurd! But apparently Red Bull has so much money lying around that they’d rather pay out $13 million than take the time and energy to fight this lawsuit.
“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.”
The plaintiff representing the class, Benjamin Careathers, said he had been drinking Red Bull since 2002 as part of the lawsuit he 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.
“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,” the suit says.
So the guy is suing Red Bull based upon "its claims of increased performance, concentration and reaction speed, to name a few." I’m a bit torn here… if that’s the legitimate court case and this going in a scientific direction, then perhaps the suit has merit. If he’s claiming that "he can’t fly," then he should go pound sand.
Honestly, this could be interesting to watch if you ignore the headlines. Here’s a product that claims to be performance-enhancing, and it sounds like the lawsuit may be that it, in fact, [i:2bm0syt2]does not increase performance[/i:2bm0syt2]. I mean, if you slug a 5-Hour Energy and it’s basically Kool-Aid, shouldn’t you get your money back?
I think accountability in media/ advertising is missing, so as much as my knee-jerk reaction is "this dude’s a creampuff," I’m going to bite my tongue and watch how this goes and see where it leads.
I’ve had a Red Bull twice in my life and was pretty energetic. But it was mixed with Jagermeister, so…
I was thinking the same thing as Fitch. Other than the misleading headline (and we all know the media loves to do that on purpose) it seems that he is suing over the lack of performance enhancement. I do agree that it is sad how litigious our society has become though….