UK

Red Bull 'Gives You Wings' Lawsuit Means They Have To Pay You $10 Because You Still Can't Fly

12/10/2014 12:43 BST | Updated 12/10/2014 12:59 BST

Red Bull gives you wings, right?

Well, no. Not literally.

But anyone with a bit of sense has always taken this with a pinch of salt, that is until energy drink enthusiast Benjamin Careathers decided to test the legality of the statement.

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I tuffi del Red Bull Cliff Diving 2013

He has successfully sued the Austria-based firm arguing that after 10 years of drinking Red Bull he is still wing-less and his athletic ability has not increased.

The suit said: "Such deceptive conduct and practices mean that [Red Bull's] advertising and marketing is not just "puffery", but is instead deceptive and fraudulent and is therefore actionable."

"Even though there is a lack of genuine scientific support for a claim that Red Bull branded energy drinks provide any more benefit to a consumer than a cup of coffee, the Red Bull defendants persistently and pervasively market their product as a superior source of “energy” worthy of a premium price over a cup of coffee or other sources of caffeine."

As a result, the drinks company have settled the case out of court and have agreed to refund $10 to any US customer who bought a can of the beverage since 2002 as well as amending any future advertising.

The total cost of the lawsuit is $13m (£8.09m) to settle the suit, $6.5m (£4m) of which will be used to refund an estimated 1.4 million consumers.

However a special website set up to deal with claims crashed when four million people tried to log on. As a result, the claims may have to be reduced to $3 each.

Unfortunately for us Brits this only applies if you live in the US.

A Red Bull spokesman said: "Red Bull settled the lawsuit to avoid the cost and distraction of litigation.

"However, Red Bull maintains its marketing and labelling have always been truthful and accurate, and denies any and all wrongdoing or liability."