Red Bull VS Activia Yogurt
Verdict DROP IT DROP IT
The Reality A 2014 class-action lawsuit, filed by plaintiff Benjamin Careathers, alleged these specific performance claims -- improved concentration and reaction speed -- were false advertising, not adequately supported by science. Red Bull settled in August 2014, agreeing to pay more than $13 million and offering any US consumer who purchased Red Bull between January 1, 2002, and October 3, 2014, a choice of $10 cash or $15 worth of Red Bull products. Red Bull did not admit wrongdoing, maintaining its marketing and labeling 'have always been truthful and accurate,' and said it settled to avoid the cost and distraction of continued litigation. The FTC's investigation, conducted jointly with 39 state Attorneys General, found that 8 of the 10 scientific studies Dannon relied on actually showed no statistically significant effect of Activia on digestive transit time compared to a placebo. Dannon settled with the FTC in 2011, agreeing to stop using the specific words 'clinically' and 'scientifically proven' in favor of softer language like 'clinical studies show,' and to stop claiming any cold- or flu-prevention benefit unless the FDA approved that specific message. Separately, a parallel consumer class action resulted in Dannon paying up to $45 million in damages, and the FTC settlement included a simultaneous $21 million settlement with the 39 states.
SHORT ANSWER
Red Bull: Red Bull settled a 2014 class-action lawsuit for more than $13 million over claims that the drink improves concentration and reaction speed, offering every US purchaser since 2002 a payout, though the company did not admit the underlying claims were false.
Activia Yogurt: The FTC's investigation, joined by 39 state Attorneys General, found 8 of 10 studies Dannon cited for Activia's 'clinically proven' digestive claims showed no significant effect versus a placebo, resulting in a 2011 settlement and a separate $45 million consumer class-action payout.