Dive Brief:

• Red Bull has settled a class action lawsuit for more $13 million regarding false marketing claims. 
• The slogan "gives you wings," among other marketing phrases, were under attack because the plaintiff claimed the energy drink offers no physical or mental performance enhancements. 
• If passed, Red Bull would be responsible to pay $10 or $15 worth of Red Bull product to each consumer involved in the lawsuit — which could include every person that bought a Red Bull in the past 10 years. 

Dive Insight: 

While no one is claiming they expected Red Bull to actually cause them to sprout wings and fly—brands should be careful claiming benefits from the product without some scientific backup. The suit referred to Red Bull's marketing as "not just 'puffery,' but instead deceptive and fraudulent and is therefore actionable."