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The encyclopedia · Advertising & PR · Marketing decision · 2014

Red Bull settled 'gives you wings' for $13M — the slogan implied literal performance

Red Bull's slogan 'gives you wings' implied performance benefits it could not prove. A class action sued; Red Bull settled for $13M and changed the packaging.

Red Bull

What happened

Red Bull built its brand on the slogan 'Red Bull gives you wings.' For two decades, the phrase appeared on every can, every ad, and every extreme-sports sponsorship the company funded. The slogan was understood as a metaphor — but the company also claimed the drink 'increases performance,' 'improves concentration,' and 'speeds reaction speed.'

In 2013, a class action lawsuit filed in New York argued these claims were false advertising. The plaintiff said he had drunk Red Bull for years and experienced no improvement in performance, concentration, or reaction speed. The lawsuit was not about wings — it was about the specific functional claims the company made alongside the metaphor.

In October 2014, Red Bull settled for $13 million. The settlement offered every customer who had bought Red Bull since 2002 either a $10 cash refund or $15 worth of Red Bull products. The company also agreed to stop using the specific performance claims and changed its packaging language. The case became a landmark in food and beverage false-advertising law: a slogan can survive as metaphor, but functional claims printed on the can must be provable.

Why it happened

  • The metaphor was safe; the claims were not: 'gives you wings' is obviously figurative — 'increases performance' and 'improves concentration' are specific functional claims that require evidence.
  • The settlement avoided trial: $13M was cheaper than litigating whether Red Bull's caffeine-and-taurine formula actually improved reaction speed — the science was not definitive.
  • The payout scale was the deterrent: anyone who bought a Red Bull since 2002 was eligible — millions of claimants meant the settlement functioned as a refund programme.
  • The packaging change was the lasting cost: removing performance claims from cans changed Red Bull's shelf communication — the brand had to sell energy without promising measurable effects.
What it cost$13M class-action settlement; packaging claims removedembarrassing

The lesson

A slogan can be a metaphor, but functional claims are not metaphorical. 'Increases performance' printed on a can is a promise the company must prove or retract.

Sources

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