docketing@steinip.com
By Anne Waldron
An unlikely duo created the Red Bull energy drink. On a business trip to Thailand, Dietrich Mateschitz discovered Krating Daeng, an energy drink formulated by pharmacist Chaleo Yoovidhya. Mateschitz claimed the drink cured his jet lag, which sparked his interest in meeting Yoovidhya. Together, they formed a business partnership and founded Red Bull GmbH in 1984 in Salzburg, Austria. [1]
The name “Red Bull” originates from the original Thai product “Krating Daeng” where “Daeng” means red, and “Krating” refers to a large species of wild bovine native to the Indian subcontinent, also known as the Indian bison. [1]
The Iconic Tagline and Its Legal Implications
Red Bull’s original tagline, “Red Bull Gives You Wings,” was intended metaphorically to suggest that consuming the drink provides an energy boost. However, this clever marketing phrase eventually led to a legal challenge.
After two decades of successful marketing, a U.S. citizen named Benjamin Careathers raised the question: “Why didn’t Red Bull give me (him) wings?” Careathers claimed that after drinking Red Bull for 10 years, he had neither grown wings nor experienced any notable improvements in his athletic or intellectual abilities. He filed a lawsuit against Red Bull for false advertising. [2]
Careathers argued that Red Bull marketed their product as a superior source of energy, justifying its premium price over coffee or other caffeine sources. However, he asserted that the drink’s effects were comparable to a standard cup of coffee, with no extraordinary benefits. [2]
The Court Case and Settlement
The lawsuit was filed in the U.S. District Court for the Southern District of New York, where Red Bull ultimately chose to settle. The company agreed to provide:
- Up to $10 in cash to all consumers who purchased Red Bull in the previous decade, or
- Two Red Bull products are valued at $15 as an alternative.
The total payout was capped at $13 million.[2]
The Marketing Lesson: “Wiiings” with Two ‘i’s
As part of the settlement and to avoid future legal claims, Red Bull retained its original tagline but altered the spelling to “Red Bull Gives You Wiiings”—adding two extra ‘i’s. This change served two purposes:
1. To keep the slogan catchy and memorable.
2. To clarify that the phrase is metaphorical rather than a literal claim, protecting the company from accusations of false advertising.
Why Clarity Matters in Advertising
While most reasonable consumers understand that “Red Bull Gives You Wings” is a metaphor for increased energy, companies should be cautious in their advertising claims. Ambiguous or exaggerated slogans can open the door to legal challenges from consumers who may take them literally. The Red Bull case serves as a prime example of why brands should clearly communicate the nature of their marketing messages to avoid costly lawsuits.
[1] Kinnary Nensee and Apoorva Bajj, The $13 Million Story Behind Red Bull’s 3 I's Tagline | Red Bull Gives You Wings, Startup Talky (Dec. 24, 2024), https://startuptalky.com/red-bull-tagline-history/
[2] Careathers v. Red Bull North Am., Inc., 2015 U.S. Dist. LEXIS 97533 (S.D.N.Y. 2015)