Red Bull VS POM Wonderful
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. An FTC Administrative Law Judge ruled that expert testimony showed insufficient competent and reliable scientific evidence to support these disease-related claims, and the full FTC Commission subsequently found POM had made deceptive claims across 36 separate advertisements and promotional materials. The FTC's Final Order barred POM from claiming any product treats or prevents disease unless backed by two randomized, well-controlled human clinical trials. POM appealed, but the D.C. Circuit Court of Appeals affirmed the FTC's decision in January 2015, and the US Supreme Court declined to review the case in 2016, letting the ruling against POM stand as final.
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.
POM Wonderful: POM Wonderful's claims that its pomegranate juice treats or prevents heart disease, prostate cancer, and erectile dysfunction were found deceptive by the FTC, upheld by the D.C. Circuit Court of Appeals in 2015, and left standing after the Supreme Court declined to review the case in 2016.