Red Bull is an Australian based company that manufactures, markets and sells energy drinks. It was introduced into the United States in 1996. Ever since their instatement in the U.S market, Red Bull has aimed to reflect their brand personality through advertisement. According to their official website the beverage contains caffeine, taurine, B- Group vitamins, sucrose, glucose and alpine water, among many other “high quality” ingredients, making Red Bull able to “Vitalize Body and Mind ®” (Red Bull, 2015) In promoting the energy drink, Red Bull based its campaign on a slogan that gained rapid popularity among consumers, and which became Red Bull’s international trademark; Red Bull Gives You Wings. The television ads depicted a cartoon consumer
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The Plaintiff is asserting claims on behalf of all consumers of Red Bull branded energy drinks. The suit was brought with the purpose to redress the “pervasive pattern of fraudulent, deceptive, false and otherwise improper advertising, sales and marketing practices” (Ratner, 2013) that the defendant has engaged in with regard to their branded product. The plaintiff’s claim further argues that the Defendant has deceived the plaintiff and other members of the proposed class action by “disseminating false and misleading information via television commercials, Internet websites and postings, blast emails, radio media, blogs, video news releases, advertisements, and the packaging of the energy drink.” (Ratner, …show more content…
The plaintiff challenged such scientific studies by stating that Red Bull made no use of reliable studies or scientific research that supports the extraordinary claims of the beverage. Among the benefits the defendant used to promote the beverage are that it (1) Increases performance, (2) increases concentration and reaction speed, (3) improves vigilance, (4) stimulates metabolism, and (5) makes you feel more energetic and thus improves your overall well-being. On the memorandum of law that establishes the motion for preliminary approval of the class action settlement, the plaintiff alleges the cause of action on four counts: (I) Express Warranty, (II) Unjust enrichment, (III) violations of New York Deceptive Acts and Practices Act, N.Y. Gen. Bus. Law Section 349 and 350. (IV) violation of the consumer protection acts of 40 other states. In the settlement, plaintiff seeks both monetary and injunctive
The Plaintiff is asserting claims on behalf of all consumers of Red Bull branded energy drinks. The suit was brought with the purpose to redress the “pervasive pattern of fraudulent, deceptive, false and otherwise improper advertising, sales and marketing practices” (Ratner, 2013) that the defendant has engaged in with regard to their branded product. The plaintiff’s claim further argues that the Defendant has deceived the plaintiff and other members of the proposed class action by “disseminating false and misleading information via television commercials, Internet websites and postings, blast emails, radio media, blogs, video news releases, advertisements, and the packaging of the energy drink.” (Ratner, …show more content…
The plaintiff challenged such scientific studies by stating that Red Bull made no use of reliable studies or scientific research that supports the extraordinary claims of the beverage. Among the benefits the defendant used to promote the beverage are that it (1) Increases performance, (2) increases concentration and reaction speed, (3) improves vigilance, (4) stimulates metabolism, and (5) makes you feel more energetic and thus improves your overall well-being. On the memorandum of law that establishes the motion for preliminary approval of the class action settlement, the plaintiff alleges the cause of action on four counts: (I) Express Warranty, (II) Unjust enrichment, (III) violations of New York Deceptive Acts and Practices Act, N.Y. Gen. Bus. Law Section 349 and 350. (IV) violation of the consumer protection acts of 40 other states. In the settlement, plaintiff seeks both monetary and injunctive