Lawsuit Update

Red Bull Gives You Wings Lawsuit: $13 Million False Advertising Settlement Explained

Red Bull Gives You Wings Lawsuit: $13 Million False Advertising Settlement Explained

Case Status

Settled

Final approval granted May 2015

Settlement Fund

$13M

Cash and Red Bull products, paid to resolve two consolidated class actions

Class Period

Jan. 1, 2002 – Oct. 3, 2014

U.S. purchasers of Red Bull products; the claims deadline was March 2, 2015

Key facts
  • The Red Bull Gives You Wings lawsuit is a consolidated false advertising class action against Red Bull North America, Inc. and Red Bull GmbH, filed in 2013 and heard in the Southern District of New York, alleging the drink's marketing overstated its benefits compared with caffeine alone.
  • The case settled for $13 million in cash and Red Bull products, with final approval granted by Judge Katherine Polk Failla in May 2015 and the claims deadline passing on March 2, 2015.
  • Plaintiffs alleged that Red Bull's "gives you wings" slogan and related performance claims were deceptive, and that consumers overpaid for a product no better than a cup of coffee, while Red Bull denies any wrongdoing.
  • The named defendants were Red Bull North America, Inc., Red Bull GmbH and Red Bull Distribution Company, Inc., and Red Bull said when it settled that it would keep using the "Red Bull gives you wings" slogan.

What Is the Red Bull Gives You Wings Lawsuit?

The Red Bull Gives You Wings lawsuit is a consolidated false advertising class action against Red Bull North America, Inc. and its affiliates, alleging the company's marketing overstated what the energy drink does for the body and mind, not a personal-injury case.

The lead case, Careathers v. Red Bull North America, Inc. (No. 13 Civ. 0369), was filed in the U.S. District Court for the Southern District of New York. A near-identical case, Wolf, et al. v. Red Bull GmbH, et al. (now No. 13 Civ. 8008), began in the Central District of California and was moved to New York and consolidated with it. Both cases were assigned to U.S. District Judge Katherine Polk Failla.

Red Bull agreed to a $13 million settlement fund in July 2014. The company did not admit liability, and the court never ruled on whether the marketing claims were actually false.

Why Was the Red Bull Gives You Wings Lawsuit Filed?

The Red Bull Gives You Wings lawsuit was filed because the plaintiffs alleged Red Bull promised functional benefits that a simple cup of coffee or caffeine pill would deliver just as well.

Lead plaintiff Benjamin Careathers alleged the Red Bull defendants promised, among other things, that "Red Bull gives you wings" through a mixture of ingredients that significantly improves physiological and mental performance beyond what coffee or a caffeine pill would do. An 8.4 ounce can contains 80 mg of caffeine, plus taurine, B vitamins and sugars.

The complaints cited clinical studies suggesting the benefits attributed to energy drinks likely come from caffeine alone, and alleged there was no scientifically reliable research supporting the stronger claims. They argued the marketing was "not just puffery" but deceptive and fraudulent, which is what made it actionable under consumer protection law.

What Harms Does the Red Bull Gives You Wings Lawsuit Allege?

The Red Bull Gives You Wings lawsuit alleges two connected economic harms rather than any physical injury: deceptive marketing and the price consumers paid because of it. Red Bull denies both.

Deceptive Performance Claims

A deceptive marketing claim alleges a company made statements about a product that were untrue or misleading and that shoppers relied on when buying it.

The plaintiffs focused on the "gives you wings" slogan and the related claims that Red Bull improves concentration, reaction speed and athletic performance. They argued these statements went beyond harmless exaggeration because they implied a scientific benefit beyond caffeine. Red Bull's position is that its marketing has always been truthful and accurate.

Price Premium Overpayment

A price premium claim alleges buyers paid more for a product than it was worth because of a marketing claim that turned out to be unsupported.

Careathers alleged consumers were induced to pay more for Red Bull than for ordinary caffeinated products because of the promised extra benefits. This theory is why the settlement class covered anyone who bought Red Bull, not only people who believed the slogan literally. No court decided whether any such premium existed.

What Is the Current Status of the Red Bull Gives You Wings Lawsuit?

The current status of the Red Bull Gives You Wings lawsuit is settled: the court granted final approval in May 2015, and the claims deadline passed on March 2, 2015.

Careathers v. Red Bull North America, Inc. and Wolf v. Red Bull GmbH

Careathers sued Red Bull North America, Inc. in the Southern District of New York in January 2013, and David Wolf and Miguel Almaraz filed a similar suit in California in February 2013 that was later consolidated in New York. Judge Failla preliminarily approved the settlement on September 3, 2014 and conditionally certified a settlement class.

CourtU.S. District Court for the Southern District of New York
JudgeHon. Katherine Polk Failla
Lead Case Number13 Civ. 0369 (KPF) (Careathers v. Red Bull North America, Inc.)
Consolidated Case13 Civ. 8008 (KPF) (Wolf, et al. v. Red Bull GmbH, et al.)
Class CounselMorelli Alters Ratner, LLP and Kaplan Fox & Kilsheimer LLP
Preliminary ApprovalSeptember 3, 2014
Claims DeadlineMarch 2, 2015 (passed)
Fee and Fairness HearingMay 1, 2015
Final ApprovalMay 2015
Fee OrderMay 12, 2015 (ECF No. 82)

The May 12, 2015 fee order refers to the Judgment already entered on the settlement and states that its finality is not affected by the fee order or by an appeal from it.

Who Won the Red Bull Gives You Wings Lawsuit?

Nobody won the Red Bull Gives You Wings lawsuit at trial, because the case ended in a $13 million settlement that Red Bull agreed to without admitting any wrongdoing.

The settlement resolved the case without a ruling on the merits, so neither the plaintiffs nor Red Bull obtained a court finding about whether the "gives you wings" claims were misleading. Class members who submitted valid claims received something, but generally far less than the headline figures suggest.

Eligible U.S. buyers who bought Red Bull products between January 1, 2002 and October 3, 2014 could claim either $10 in cash or about $15 in free Red Bull products, with no proof of purchase required. The fund was capped at $13 million, so payments were reduced proportionately when claims exceeded what the fund could cover.

Reports at the time said about 60 percent of claimants chose cash and 40 percent chose product, and that cash payments were roughly $4 to $4.25 each, with checks and product reportedly arriving in early 2016. The settlement administrator's own figures were not available to confirm the exact amount.

Judge Failla awarded class counsel $3,380,000 in attorneys' fees, which she found to be 26 percent of the $13 million fund, plus $113,448 in expenses and $5,000 each for the three named plaintiffs, Benjamin Careathers, David Wolf and Miguel Almaraz. The fee award was about $1.4 million below the $4.75 million the parties had originally agreed on.

Red Bull Gives You Wings Lawsuit Updates

Here are the latest Red Bull Gives You Wings lawsuit updates, covering new court filings, rulings, and case-count reports as they're confirmed. The consolidated Red Bull false advertising class action settled as of October 2026; the terms and timing are covered in the entries below. The timeline below tracks every confirmed development from the first filing forward.

Full Red Bull Gives You Wings Lawsuit Timeline

  • Separate Canadian Settlement Announced Over Red Bull Marketing

    Red Bull GmbH agreed to pay CA$850,000 to settle a Quebec consumer class action filed by Canadian Michael Attar, a different proceeding from the New York case, with eligible Canadian buyers entitled to $10 each.

  • Michael Attar Files Quebec Class Action Against Red Bull

    Michael Attar, a Canadian who was excluded from the New York settlement class, filed his own consumer class action over the same type of Red Bull marketing claims in Quebec.

  • Class Members Report First Red Bull Settlement Payments

    Class members of the New York Red Bull settlement began reporting that checks of about $4.25 and four-packs of Red Bull had arrived, according to reader updates posted by Top Class Actions.

  • Objector Dave Mager Appeals Red Bull Settlement to Second Circuit

    Class member Dave Mager, representing himself, appealed final approval to the Second Circuit, objecting to equal payouts regardless of purchases, the time allowed to cash checks, charitable donation of leftover funds and the attorneys' fees. The outcome of the appeal was not found in the sources reviewed.

  • Judge Failla Awards $3.38 Million in Fees in Red Bull Settlement

    Judge Failla granted the motion for attorneys' fees in part, awarding class counsel $3,380,000, reimbursing $113,448 in expenses and approving $5,000 service awards for each of the three named plaintiffs.

  • Court Grants Final Approval to the $13 Million Red Bull Settlement

    Judge Failla granted final approval of the Red Bull settlement in early May 2015, after receiving 11 objections and 30 opt-outs, according to Top Class Actions.

  • Red Bull Fee and Fairness Hearing Held in Manhattan Federal Court

    Judge Failla heard plaintiffs' motion for attorneys' fees, service awards and expenses in the Red Bull class action, together with objections to it.

  • Claims Deadline Passes in the Red Bull Settlement

    The deadline to submit a claim for $10 in cash or $15 in Red Bull products in the New York class action closed on March 2, 2015, after the claims website reportedly drew heavy traffic.

  • Red Bull Claims Process Opens Nationwide

    News coverage in October 2014 announced the settlement notice and claims website, telling U.S. buyers since 2002 they could claim $10 cash or $15 in product without proof of purchase.

  • Judge Failla Preliminarily Approves the Red Bull Settlement

    Judge Failla preliminarily approved the settlement, conditionally certified a class, approved the form of notice and appointed Morelli Alters Ratner, LLP and Kaplan Fox & Kilsheimer LLP as class counsel.

  • Red Bull Agrees to $13 Million Settlement in Court Papers

    Red Bull North America filed court papers describing the $13 million settlement, stating that it believes its marketing is truthful, that it settled to avoid the cost and distraction of litigation, and that future functional-benefit claims will be medically or scientifically supported.

  • Wolf v. Red Bull GmbH Transferred to New York and Consolidated

    The Wolf case, which David Wolf and Miguel Almaraz filed in the Central District of California, was transferred to the Southern District of New York to be consolidated with Careathers v. Red Bull North America, Inc.

  • David Wolf and Miguel Almaraz File Red Bull Class Action in California

    Wolf and Almaraz filed a nearly identical false advertising suit against Red Bull in the Central District of California, alleging the "gives you wings" marketing was unsupported by reliable science.

  • Benjamin Careathers Sues Red Bull North America in New York

    Benjamin Careathers filed the lead case, Careathers v. Red Bull North America, Inc., in the Southern District of New York, alleging Red Bull's marketing promised benefits no greater than a cup of coffee.

What Did Red Bull Allegedly Know About Its "Gives You Wings" Claims?

Red Bull allegedly made its "gives you wings" claims without reliable scientific support, according to the complaints, which cited clinical studies attributing energy drink effects to caffeine rather than to Red Bull's own formula. These are allegations only, and the court never decided them.

Red Bull has consistently denied wrongdoing. In court papers it said its U.S. marketing and labeling have always been entirely truthful and accurate, and that it settled to avoid the cost and distraction of litigation. As part of the deal it withdrew or revised some challenged marketing claims without publicly listing which ones, and confirmed that future claims about functional benefits would be medically or scientifically supported.

The company also said at the time of the settlement that it would keep using the "Red Bull gives you wings" slogan.

How Does the Red Bull Gives You Wings Lawsuit Compare to the Canadian Red Bull Case?

The Red Bull Gives You Wings lawsuit and the Canadian Red Bull case are separate class actions, and the Canadian case settled for far less. Michael Attar filed the Canadian case in Quebec in March 2016 after being excluded from the U.S. settlement class because he was Canadian.

Red Bull GmbH agreed in 2019 to pay CA$850,000 (about US$640,000) to Canadians who bought Red Bull between January 1, 2007 and July 23, 2019, with eligible claimants entitled to $10 each. Red Bull said it settled to avoid the distraction of litigation and described its marketing as truthful and accurate.

FeatureNew York caseCanadian case
Lead plaintiffBenjamin CareathersMichael Attar
CourtU.S. District Court, Southern District of New YorkQuebec
Settlement$13 millionCA$850,000
Payment per claimant$10 cash or about $15 in product$10
Covered buyersU.S. purchasers since January 1, 2002Canadian purchasers, January 1, 2007 to July 23, 2019

Frequently Asked Questions

What is the Red Bull Gives You Wings lawsuit about?

The Red Bull Gives You Wings lawsuit is a consolidated false advertising class action alleging Red Bull's marketing, including its "gives you wings" slogan, overstated the drink's benefits compared with caffeine alone. The lead case is Careathers v. Red Bull North America, Inc., filed in 2013 in the Southern District of New York.

Is the Red Bull Gives You Wings lawsuit a class action?

Yes. Judge Katherine Polk Failla conditionally certified a settlement class on September 3, 2014, covering U.S. buyers of Red Bull products since January 1, 2002. It is not an MDL.

Did Red Bull settle the gives you wings lawsuit?

Yes. Red Bull settled the gives you wings lawsuit for $13 million in cash and Red Bull products, without admitting liability. Eligible buyers could claim $10 in cash or about $15 in product before the March 2, 2015 deadline.

Can I still claim money from the Red Bull settlement?

No. The Red Bull settlement claims deadline passed on March 2, 2015, and the court granted final approval in May 2015, so no new claims are being accepted.

Did Red Bull stop using the gives you wings slogan after the lawsuit?

No. Red Bull said it would keep using the "Red Bull gives you wings" slogan after the settlement, while confirming that future claims about functional benefits would be medically or scientifically supported.

Is the Canadian Red Bull lawsuit the same as the $13 million case?

No. The Canadian Red Bull lawsuit was filed in Quebec by Michael Attar and settled for CA$850,000 in 2019, a separate case from the $13 million New York settlement.

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