Is Red Bull Guilty of Misleading Advertising?
Thank You for Participating in Our Red Bull Legal Challenge!
A big thank you to all parents and prospective students who joined our Sixth Form Open Event and helped decide: “Is Red Bull guilty of misleading advertising?” Your votes and discussion brought this case to life!
The Legal Case: Benjamin Careathers v. Red Bull GmbH
Court: U.S. District Court, Southern District of New York
Case Number: 1:13-cv-0369
Filed: January 16, 2013
Settlement Approved: 2014
Who Was Involved?
- Plaintiff: Benjamin Careathers, a Red Bull consumer
- Defendant: Red Bull GmbH, the Austrian energy drink company
What the Plaintiff Claimed
- Red Bull advertised that it “gives you wings,” implying better physical and mental performance than the drink could actually deliver.
- Claims like “increased concentration and reaction speed” were alleged to be scientifically unsubstantiated.
- The plaintiff didn’t literally expect wings, but argued the advertising misled consumers into paying more than they might have for the real benefits.
Legal Basis
- New York General Business Law §§ 349–350 (prohibiting deceptive business practices and false advertising)
- Breach of express warranty
- Unjust enrichment
Outcome/Settlement
- Red Bull denied any wrongdoing but agreed to settle to avoid prolonged litigation.
- Settlement: $13 million
- Consumers could claim $10 cash or a $15 Red Bull product voucher (for purchases between January 1, 2002, and October 3, 2014).
- Red Bull did not have to change its slogan, but agreed to review its marketing practices.
Your Verdict: what would you do?
In our activity, you were asked to consider: if you were Red Bull’s legal team, would you:
- Settle out of court (like Red Bull did), or
- Take it to court and fight the claims?
Key Takeways
- This case shows that even playful or exaggerated marketing can be scrutinized if consumers are misled about product performance.
- Legal strategy is about weighing risks, costs, and public perception.
- Red Bull’s choice to settle illustrates a common approach in business law: sometimes it’s safer and more practical to resolve disputes quickly rather than risk an uncertain trial.
Thank you for getting involved!
A huge thank you to all parents and prospective students who joined us for our Sixth Form Open Event and took part in our legal challenge! Your participation in voting and discussing the Red Bull case made the evening both fun and insightful.
While we don’t focus on American law here at Myton Sixth Form, the Red Bull case is a great example of how misrepresentation and misleading claims can have real-world consequences. It shows that the law isn’t just in textbooks – it affects every aspect of our lives, from the products we buy to the advertising we see every day.
We hope you enjoyed exploring these legal questions and seeing how legal reasoning works in practice. For those curious about how law shapes the world around us, studying law at Myton Sixth Form gives you the opportunity to develop critical thinking, problem-solving skills, and an understanding of justice that goes far beyond the classroom.
We look forward to welcoming some of you to our Sixth Form community and helping you explore the exciting possibilities of a legal education!
