Bought a can of Red Bull in the past 12 years? Claim a $10 cash refund, Soft drink firm forced to pay out $13million because drink ‘doesn’t really give you wings’.
Red Bull has received a slap on the wrists for its ‘Red Bull Gives You Wings’ marketing slogan, settling in court for a figure of more than $13m, according to BevNet magazine.
The tagline, which has been used in the company’s TV, social and print ad slots since it was first released almost two decades ago, was deemed misleading by the New York Federal Court.
The lawsuit accused the firm of promoting Red Bull as more than a caffeinated drink with its claims that it will boost consumers deprived of sleep.
The settlement will enter a fund for those who have purchased at least one can of Red Bull over the last decade, disappointed by its energy-granting results. Those affected can alternatively claim two free Red Bull products as recompense.
The lawsuit said: “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.”
It added that although plaintiffs did not actually expect ‘wings’ from the drink, the marketing materials did allegedly promise them a mental or physical enhancement.
The drinks company released a statement: “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.”
Whereas, the news story was so widely publicised by the media, internet users swarmed to the site to reclaim their settlement but as no proof of purchase was required to claim, many fraudulent bids may have been entered.
The site was allegedly visited over 4.6 million times in the 24 hours since it was launched on Wednesday, causing the page to crash.
So, the good news is that the payment will be made into claimants’ accounts in under 150 days.