Slinkman, Slinkman & Wynne, P.A. - March 2024

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

(561) 686-3400 www.SSWlawfl.com 1015 W. Indiantown Rd. Suite 101A Jupiter, FL 33458

Representing Accident Victims Throughout Florida For Over Four Decades

INSIDE THIS ISSUE

International Women's Day and Honoring the Backbone of My Family

1

When Minors Can Drink

2

Chipotle-Inspired Chicken Burrito Bowl

3

Why Bigfoot Is a Protected Species in Washington

The Marketing Campaign That Cost Red Bull Over $6 Million

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MARKETING CAMPAIGN DISPROVED IN COURT RED BULL DOESN’T GIVE YOU WINGS

For decades, Red Bull has run the marketing campaign that its energy drink gives people wings. Most assume it’s a joke, an exaggeration of the beverage’s stimulating effects. The courts disagreed. A group of Red Bull drinkers in 2014 filed a class action lawsuit against the Austrian company, accusing them of false advertising. Despite the company’s claims, they alleged that the drink does not give you wings. To be more specific, the suit alleged that the ad campaign uses flying imagery to convey that the beverage is better than other caffeinated drinks. While the brand’s messaging claims it improves response times and concentration, the suit alleges the beverage isn’t much more effective than a cup of coffee. Red Bull settled for over $6 million. They also agreed to compensate customers who were disappointed about the drink’s wingless results. Such claimants could receive $10 or

a voucher for $15 of Red Bull products. But before you go writing a letter to Red Bull for your voucher, know that customers are no longer eligible for this compensation. In Red Bull’s words, they settled to “avoid the cost and distraction of litigation,” noting that their ad campaigns and can labels “have always been truthful and accurate.” Red Bull denied any wrongdoing. What Red Bull did was tread the line between false advertising and “puffery,” the legal term for extravagant claims about a product. The law allows for some lofty claims — such as “World’s Best Coffee” — so long as they are opinions. “Red Bull gives you wings” sounds like a factual statement, so it doesn’t fall under puffery. The energy drink company has continued using the slogan in its marketing in event sponsorship and TV ads. So, while Red Bull may not actually give you wings, it did pay out a lot of money in a court settlement over the claim.

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