RED BULL GIVES YOU...a £10 Million Lawsuit?
By Luke Nash
You read that right. Design & misleading marketing landed Red Bull a bullish lawsuit for misleading consumers into believing that the energy drink would, in fact, give you wings.
Marketing and design are powerful tools that shape the perception of a consumer. A few examples that spring to mind are Nike (greatness), Apple (knowledge), and Sky (entertainment). So, when they’re used carelessly, both can lead to serious consequences.
A prime example of this is the 2014 Red Bull lawsuit, which cost the company £10 million due to misleading advertising claims. This case serves as a stark reminder that vague or exaggerated marketing can be risky, depending on how far you’re willing to go. To avoid this in the future, let’s explore why specificity in marketing and design matters and how brands can avoid costly pitfalls.
Red Bull gets bullied by a backfiring slogan
Both watching and attending F1 races as a kid, I was introduced to seeing all sorts of branding across the supercars, one being Red Bull, which for years used the catchy slogan “Red Bull gives you wings.” First, let’s get the elephant out of the room: the vast majority of people understood this as a metaphor. However, the 2014 lawsuit alleged that Red Bull’s marketing misled people into believing the drink provided greater performance benefits than what was scientifically proven—and, of course, that it didn’t actually give you wings. Shocker.
Now, as a kid seeing the Red Bull ads on TV, my mind was racing (pun intended) about how an energy drink could give me wings. But then again, being 8 years old at the time, I don’t think I was the target audience.
It was argued in court that despite Red Bull’s claims, the energy drink did not improve or enhance reaction speed and performance any more than a simple cup of coffee.
To settle the lawsuit without really admitting any wrongdoing, Red Bull agreed to pay £10 million. A costly settlement for a catchy slogan.
Red Bull had to revise its marketing strategies, which included adding more specificity to avoid such claims in the future.
Soooo, Why is it Dangerous?
Red Bull’s situation is not the first rodeo. Loads of brands have faced similar issues due to vague, exaggerated, or misleading marketing and design. So, here’s a couple reasons as to why a lack of specificity could prove fatal:
- Legal Risks – When messages through marketing and design overpromise and underdeliver, they can be potentially challenged in court. Regulatory bodies like the Federal Trade Commission (FTC) and consumer protection agencies closely monitor false advertising claims.
- Loss of Consumer Trust – Once a company is exposed for misleading its audience, regaining trust can be difficult. Customers who feel deceived may switch to competitors or voice their dissatisfaction online.
- Financial Fallout – Lawsuits, settlements, and legal fees can add up tremendously. Even if a company doesn’t admit fault, the financial impact can be significant.
- Reputational Damage – Negative press from a lawsuit or misleading claim can tarnish a brand’s reputation, making future marketing efforts less effective.
How Brands Can Avoid These Pitfalls
To ensure marketing and design remain both compelling and credible, brands should follow these best practices to ensure this doesn’t happen:
- Be Clear and Honest – Avoid exaggerated claims that cannot be backed by data. If your product provides a benefit, ensure there is scientific or factual evidence to support it.
- Incorporate Disclaimers – If using figurative language or hyperbole, consider adding disclaimers clarifying that the statement is not meant to be taken literally.
- Use Precise Language – Instead of saying “the best lager in the world,” Carlsberg specified “probably the best lager in the world.” This helped manage consumer expectations and got around the legal risk aspect.
- Ensure Design Supports Transparency – Visuals and branding should not create unrealistic expectations. If a product’s packaging suggests benefits that don’t exist, it can be deemed misleading.
My Thoughts
The Red Bull lawsuit is a cautionary tale for us marketers and designers alike. While creativity and bold messaging are essential for strong branding and gaining attention. They should never come at the cost of misleading consumers. Specificity, honesty, and legal diligence are critical to ensuring a brand’s marketing remains effective without becoming a liability.