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The encyclopedia · Advertising & PR · Marketing decision · 2014

Red Bull paid $13M to settle the claim that it doesn't give you wings

October 2014: Red Bull settled a US class action calling 'gives you wings' deceptive — over $13M, with a $10 check or $15 of product for buyers since 2002.

Red Bull · 2014-10

What happened

A US consumer class action argued that Red Bull's famous slogan and its supporting claims were deceptive: the drink, plaintiffs said, offered no more benefit than a cup of coffee, while its advertising promised increased performance, concentration and reaction speed without scientific support. The claims, the suit held, were not mere puffery but specific and testable.

In October 2014 Red Bull settled for more than $13 million, with $6.5 million to be paid into a settlement fund within a week of court approval. Anyone in the US who had bought Red Bull since 1 January 2002 could claim a $10 cheque or roughly $15 in free product. The company stated it settled 'to avoid the cost and distraction of litigation' while maintaining that its marketing and labeling 'have always been truthful and accurate', denying wrongdoing.

The case became the standard example of where puffery ends: a slogan may be a joke, but the performance claims stitched onto it are read as facts, and the longer they run, the larger the class that can sue on them.

Why it happened

  • 'Wings' might have been defended as puffery, but the advertising attached concrete performance claims — concentration, reaction speed — which turned the slogan into a testable promise.
  • The settlement priced every can sold since 2002: the longer a claim runs, the bigger the class it creates.
  • Paying to end the suit bought quiet, not an answer — Red Bull denied everything, so the question of what the drink actually does was never litigated.
What it cost$13M settlement fund; $10 a customercostly

The lesson

A slogan counts as puffery only while nothing around it claims to be fact — pair it with performance claims and the joke becomes a warranty.

Aftermath

Red Bull kept the slogan and its marketing machine, and the settlement became the most cited case in advertising law for the line between exaggeration and claim. Consumer lawyers still use it as the template for challenging a slogan plus its supporting promises.

Sources

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