Everybody knows Red Bull doesn’t actually give you wings, but a lawsuit made public on Wednesday suggests that the energy drink’s slogan may be misleading in a different way.

Not only does Red Bull not give you the ability to fly, but the lawsuit claims that it gives you no more energy than a cup of coffee would, and that Red Bull is using its marketing campaign to be able to charge more. (An 8.4-ounce can of Red Bull with 80 milligrams of caffeine costs $2.19; a 12-ounce Starbucks coffee with 260 milligrams of caffeine costs $1.85).

The plaintiffs are seeking an injunction to force Red Bull to stop including false claims in its advertisements and correct “any erroneous impression consumers may have derived concerning the nature, characteristics, or qualities of Red Bull.”

 Red Bull isn’t the first energy drink to come under fire. The Food and Drug Administration is looking into reports that another energy drink, Monster, caused five deaths. And the New York attorney general is running an investigation that seems the exact opposite of this case—seeking information about energy drinks’ advertising practices, to see if they are underreporting the amount of caffeine in the beverages.

Read more at Thomson Reuters.


For more InsideCounsel coverage of false advertising, see below:

Regulatory: Food industry served with plateful of misbranding class actions

Litigation: Product testing and puffery collide in new false advertising suit

LegalZoom sues Rocket Lawyer for false advertising, unfair competition

Litigation: Photoshop—the next false advertising risk?