redbullRed Bull has set up a website for consumers to claim their part of an out of court settlement against the drink manufacturer that alleges false advertising.  The website received so many visitors looking to get cash that it couldn’t handle the traffic and crashed.

The lawsuit was originally filed by long time Red Bull consumer Benjamin Careathers after he claimed that he had not experienced the improved physical or mental performance promised via advertisements.  Other consumers joined the lawsuit after failing to get the “wings” or boost in physical and mental aptitude that is alleged through all of Red Bull’s advertising avenues.

Despite setting up the website for users to file a claim and collect their share of a settlement, the energy drink manufacturer has maintained their innocence.   Red Bull representatives have commented that the company is offering the settlement package to avoid the lofty costs and extraneous issues that often stem from a lengthy trial.  As a part of the settlement Red Bull will also alter their famous advertising angle to minimize potential confusion regarding their product moving forward.

Visitors to the settlement website can collect either ten dollars in cash or fifteen dollars in product to compensate for the confusion that occurred as a result of the company’s advertising.  While that may not seem like a tremendous amount – Red Bull has sold millions and millions of units since 2002 (the start date of purchase for people who want to collect on the claim).  This could result in payouts of more than $13 million dollars for the energy drink manufacturer.

All companies need to be conscious about the claims that they make with advertising.  Even a campaign that is based in truth but that could result in consumer confusion could potentially result in a lawsuit.  If you feel as though you have been a victim of false advertising or have been duped out of your money for a product or service that failed to deliver as advertised, you need to get help from a legal professional.

An experienced California attorney can evaluate a product or service and determine if the company exaggerated claims in order to secure sales.  If false information had lead to your purchase your attorney can provide advice on the best steps toward retribution.