RSS FeedsCan I sue the Red Bull (energy drink) company for false advertisment?
April 6th, 2009
A few days ago I purchased several dozen cans of redbull and drank atleast 20 in hope of being able to fly as the commercials show. But I didn't fly, I had a heart attack and ended up in the hospital.
The commercials clearly states "Red bull gives you wings".
No, the statement in the ad would have to be realistic in order for you to sue the company. Otherwise, the judge will probably just laugh in your face and call you a f*cking idiot.
powered by Yahoo Answers
April 6th, 2009
They are metaphorical wings. I don't think you would have case unless you are a squiggly cartoon character.
References :
April 6th, 2009
Well do you have wings? Penguins have wings and they can't fly.
References :
April 6th, 2009
You did it wrong. You're supposed to drink 12, unwrap your headgear and wear it as a cape, and THEN try to fly.
References :
April 6th, 2009
No, the statement in the ad would have to be realistic in order for you to sue the company. Otherwise, the judge will probably just laugh in your face and call you a f*cking idiot.
References :
April 6th, 2009
You can sue anyone you want. Whether or not you win is another thing. Personally I don't think you have a chance, but it's your dollar and your time.
References :
April 6th, 2009
you might end up having to go to a psych ward
References :
April 6th, 2009
I suppose you were one of those people that sued McDonald's because their coffee was hot when you spilled it too! Give me a break. I have drank Red Bull for years and not expected to profit on a company's slogan just because I needed money!
References :
April 6th, 2009
During the commercial is there a tiny disclaimer something like, "Do not attempt"? If so, you have no case.
References :
April 7th, 2009
I think it may be possible for you to get some money, when you sue just go for a small amount say 80 or 90 thousand, then it may be cheaper for the company to just pay you off than to go to court.
References :
April 7th, 2009
haha thats funny. Thanks for the laugh and for the 2pts.
References :
April 7th, 2009
Nope. In 1996 a man sued Pepsi because they had a commercial that said they would give a Harrier Jet to anyone who could scrounge up 7 million Pepsi Bucks (you got one Pepsi buck for buying a 20 ounce bottle of their soda). It was an obvious attempt at humor.
I man claimed to have the 7 million Pepsi bucks, so he wanted his Harrier Jet, he actually took Pepsi to court over it, accusing them of False Advertising.
Pepsi won the lawsuit, the judge said that it was, very obviously, parody. The judge threw the lawsuit out.
References :
http://www.courttv.com/archive/legaldocs/business/pepsi.html
April 7th, 2009
First of all, I'm answering this as a hypothetical. I'm not giving you actual advice. You should always consult a lawyer if you believe that you have a claim. That being said:
You can sue based upon a television commercial under two theories: (1) warranty; or (2) negligence. Under either of those theories you would definitely lose.
A statement needs to be sufficiently definitive in order for you to sue under an express warranty theory. You need to show that a reasonable person would believe that the statement is expressly warranting, for example in this case, that Redbull would allow you to fly. There is one case that could perhaps help you. There was a car commercial which showed people jumping the car over a ravine. A bunch of stupid teenagers bought the car, tried it, fell into the ravine, and were severely injured/died. In that case the court held that since the commercial was aimed at stupid teenagers, a warranty could be found if a reasonable teenager could believe the car could actually jump that far over a ravine. Thus, since the car did not actually make it that far over the ravine, the warranty was breached. However, I think your redbull scenario is sufficiently different from that case. It's one thing to think that a car can jump a few dozen feet farther than it really can based upon a live action commercial showing it happening. It's quite another to believe that an energy drink would allow you to fly based upon a cartoon character being given wings by drinking his cartoon can of Red bull.
Under the negligence theory you should also lose. Under this theory you would also need to show that a reasonable person would have depended on the representation, and for the reasons stated above, no reasonable person would believe that.
You also have an additional problem with your hypothetical law suit which is that the commercials say that "Red bull gives you wings" and then shows the cartoon character drinking ONE can of redbull. What about the commercial stated that several dozen were necessary? Even assuming that there was an express warranty that drinking a can of Red bull could make you fly and that the manufacturers of Red Bull had breached that warranty, it would not be foreseeable that someone would be so stupid as to drink a few dozen cans knowing the caffeine content. That's as if you got a bottle of Tylenol, read the label that said that two caplets would stop your headache, took 50 caplets and then sued when it killed you. Obviously a loser.
Hope this helps!
References :
Hundred Thousand Dollars of Law School
April 7th, 2009
Sure you can sue, but you won't win. Like other people have said the commercial would have to be realistic for you to sue. The wings represent you getting energy to stay up, which it does. I believe their is also a warning label on the can that tells you to consume responsibly. If people want to be stupid and consume 20 cans of red bull, then thats just stupidity. An example of False advertising would be if the Red Bull commercial said that by drinking their product you will prevent yourself from getting sick or the flue.
References :
April 7th, 2009
You can try.
Who knows what can happen.
Stranger things have won in the Court Room.
References :
April 7th, 2009
the commercial clearly states, "red bull does not really give you wings but provides mental alertness and wakefulness during periods of increased activity" theres a guy who says all that really fast at the end of the ad, not to mention that on the can it says don't drink more than 2 in a 24 hr period
References :
April 7th, 2009
Er No, but you could argue that you only bought the drink due to the wings, not that it would get you anywhere, as they are fictional, i used to wonder that about Happy Meals, what happens if you were not happy after eating one?
References :