Last updated: September 2, 2025
Key facts at a glance
| Item | U.S. | Canada |
|---|---|---|
| Settlement fund | $13,000,000 | CAD $850,000 |
| Eligible purchases | Jan 1, 2002 – Oct 3, 2014 | Jan 1, 2007 – July 23, 2019 |
| What claimants got | $10 cash or $15 in products (prorated) | Up to $10 CAD (prorated) |
| Slogan banned? | No (but functional claims need scientific support) | No (settlement only; no admission of liability) |
| Status today | Claims period closed | Claims period closed |
Background: what the “Red Bull gives you wings” lawsuit argued
Consumers alleged that the slogan and marketing implied objective performance benefits—like improved concentration and reaction speed—beyond what caffeine typically delivers. The core question wasn’t whether anyone expected literal wings; it was whether ads implied measurable advantages that were not adequately substantiated at the time.
U.S. case: $13M settlement (final approval 2015)
In the United States, consolidated class actions received final approval in May 2015. The settlement created a $13 million fund for buyers from January 1, 2002 through October 3, 2014. Eligible consumers could claim $10 cash or $15 in Red Bull products; actual payouts were subject to proration depending on the number of claims.
Notably, the court’s final judgment also enjoined Red Bull from making future functional benefit claims without medical and/or scientific support. The company did not admit wrongdoing; it settled to avoid litigation costs and uncertainty.
Canada case: CAD $850k fund (2019)
In Quebec (on a national basis for Canada), the court authorized a settlement in 2019 with a CAD $850,000 fund. Canadians who purchased Red Bull products between January 1, 2007 and July 23, 2019 could claim up to $10 CAD, subject to proration and administrative costs. As with the U.S. matter, there was no admission of liability.
Was the slogan false advertising—or just puffery?
Puffery is obvious exaggeration (e.g., “world’s best”) that consumers don’t take as a literal, testable promise. But once an ad implies specific, objective benefits—like superior performance or sharper focus—those claims require competent and reliable scientific evidence. The Red Bull litigation centered on those implied, testable benefits, not the hyperbolic slogan itself.
The science check: energy drinks vs. coffee
An 8.4-oz (250 ml) can of Red Bull contains 80 mg of caffeine, roughly similar to a small cup of coffee. Any “boost” largely tracks with caffeine intake; plaintiffs argued the drinks didn’t outperform coffee in measurable ways. Red Bull’s own nutrition pages list the 80 mg/can figure.
Lessons for marketers (and consumers)
- Separate puffery from promises: Keep slogans clearly hyperbolic; avoid suggesting testable superiority without proof.
- Substantiate objective claims: If you claim better focus, stamina, or reaction time, be prepared with solid scientific support.
- Consider the whole ad: Courts look at visuals, narration, and landing pages to decide what’s implied and whether a “reasonable consumer” could be misled.
- Update periodically: If formulas, studies, or claims change, refresh your substantiation and disclosures.
FAQs
Is the “Red Bull gives you wings” slogan illegal now?
No. The settlements didn’t ban the slogan. What changed is that Red Bull can’t make functional benefit claims without medical/scientific support (per the U.S. final judgment). The slogan persists as brand puffery.
Can I still claim money from the lawsuit?
No. Both the U.S. and Canadian claims windows are closed. These cases are useful now mainly as guidance on advertising law.
How much caffeine is in Red Bull?
Red Bull states that each 8.4-oz (250 ml) can contains 80 mg of caffeine, about the same as a small cup of home-brewed coffee.
Source notes
- U.S. settlement and final judgment (injunctive terms); coverage clarifying class period and benefits.
- Canada settlement agreement and court filings confirming CAD $850k fund, class period, and payout terms.
- FTC guidance on substantiation of objective advertising claims; puffery vs. proof.
- Official Red Bull nutrition pages listing 80 mg caffeine per 250 ml can.