Red Bull Drinker Claims Product No Stronger Than Coffee

A New York resident has filed a putative nationwide class action against the
company that makes Red Bull energy drinks, alleging that the product does
not, as advertised, “give you wings,” that is, provide more benefit than a cup
of coffee. Careathers v. Red Bull GMBH, No. 12-369 (S.D.N.Y., filed
January 16, 2013). According to the complaint, the defendants allegedly
base their claims that the product will “significantly improve a consumer’s
physiological and mental performance beyond what a simple cup of coffee
or caffeine pill would do” on scientific studies. The plaintiff claims, “there is no
genuine scientific research and there are no scientifically reliable studies in
existence that support the extraordinary claims of Defendants.”

The complaint outlines the beverage’s history and development, beginning as
tonic created in Thailand in the 1980s, and cites research that analyzed energy
drink ingredients and concluded, “With the exception of some weak evidence
for glucose and guarana extract, there is an overwhelming lack of evidence to
substantiate claims that components of [energy drinks], other than caffeine,
contribute to the enhancement of physical or cognitive performance.” The
complaint also cites a January 2013 New York Times article on the subject of
energy drink performance. The plaintiff claims that the defendants’ claims
are deceptive and misleading, and that the plaintiff and putative class would
not have purchased the product and would “not have paid a premium price”
for the product had they known that the “energy drinks cannot perform as
advertised and promised.”

Seeking to certify a nationwide class and statewide subclass of product
purchasers, the plaintiff alleges breach of express warranty, unjust enrichment
and violations of state consumer protection laws. He seeks injunctive relief,
including the cessation of misleading advertising and packaging, a public
information campaign and corrective advertising; a constructive trust or
disgorgement to pay restitution; cy pres distribution; compensatory damages;
interest; attorney’s fees; and costs.