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Showing posts with label brand infringment. Show all posts
Showing posts with label brand infringment. Show all posts

Tuesday, May 26, 2009

Red Bull Cola Has Much More Than Just Kick, Cocaine Found

RED BULL COLA dosent give you wings, it gets you high!

From Vosizneias.com

Germany
- About a year ago, the makers of Red Bull, the famous caffeine-loadedenergy drink, decided to come out with a soda, unsurprisingly named Red Bull Cola. The shared name implied the same big kick. But could the cola's boost supposedly "100% natural" come from something else?

Officials in Germany worry that they've found the answer cocaine. And now they have prohibited the soda's sale in six states across the country and may recommend a nation-wide ban.

"The [Health Institute in the state of North Rhine Westphalia] examined Red Bull Cola in an elaborate chemical process and found traces of cocaine," Bernhard Kuehnle, head of the food safety department at Germany's federal ministry for consumer protection, told the German press. According to this analysis, the 0.13 micrograms of cocaine per can of the drink does not pose a serious health threat you'd have to drink 12,000 liters of Red Bull Cola for negative affectsto be felt but it was enough to cause concern.

Kuehnle's agency is due to give its final verdict on Wednesday when experts publish their report.

Red Bull has always been upfront about the recipe for its new cola. Its website boasts colorful pictures of coca, cardamom and Kola nuts, along with other key "natural" ingredients. The company insists, however, that coca leaves are used as a flavoring agent only after removing the illegal cocaine alkaloid.

"De-cocainized extract of coca leaf is used worldwide in foods as a natural flavoring," said a Red Bull spokesman in response to the German government's announcement. Though the cocaine alkaloid is one of 10 alkaloids in coca leaves and represents only 0.8% of the chemical make-up of the plant, it's removal is mandated by international anti-narcotics agencies when used outside the Andean region.

In Germany, the Red Bull spokesman insisted that his company's product, along with others containing the coca leaf extract are considered safe in Europe and the U.S. And already, some experts have come to Red Bull's defense.

But no one knows where Red Bull Cola's coca leaves come from or where they are processed. Red Bull did not respond to immediate requests for comment and Rauch Trading AG, the Austria-based food company that actually manufactures Red Bull Cola was quick to say that they are not allowed to speak about the product.

Thursday, April 16, 2009

Gatorade Sues Powerade for False Advertising - Advertising Age - News

Gatorade Sues Powerade for False Advertising

Says Coke Brand's Campaign Misleads Consumers Into

Thinking Pepsi Beverage Is 'Incomplete'

NEW YORK (AdAge.com) -- PepsiCo's Gatorade brand today filed a lawsuit against Coca-Cola's Powerade, alleging false advertising, trademark dilution, deceptive acts and practices, injury to business reputation, and unfair competition. The suit, filed in U.S. District Court in New York, takes Powerade to task for its new advertising campaign, first reported by Advertising Age.

PepsiCo claims Coca-Cola's campaign for Powerade Ion4 is 'a calculated, intentional strategy designed to falsely and viciously attack the readily-identifiable market leader, Gatorade.'
PepsiCo claims Coca-Cola's campaign for Powerade Ion4 is 'a calculated, intentional strategy designed to falsely and viciously attack the readily-identifiable market leader, Gatorade.'

In its suit, Gatorade asserts that the campaign misleads consumers and overstates the product benefits of its Powerade Ion4. The campaign positions Powerade's newly reformulated drink as the "complete sports drink." Billboards, digital efforts and an ESPN cover, which was criticized by ASME, picture half of a Gatorade bottle with the text "Don't settle for an incomplete sports drink."

Powerade is seeking to set itself apart by touting its drink as containing four electrolytes -- sodium, potassium, calcium and magnesium -- while Gatorade's formula contains just two electrolytes, sodium and potassium. Gatorade's suit takes issue with Powerade's positioning, noting the "miniscule" amounts of calcium and magnesium that are part of the new formulation. "There is no evidence that the minute quantities of magnesium and calcium present in Powerade Ion4 make it superior to Gatorade in any way," the complaint states.

'No evidence' of Powerade's claims
"As the category leader, we have a responsibility to ensure consumers are accurately informed about the benefits of a sports drink. And the truth is, scientists say there is no evidence that Powerade Ion4 is a more complete sports drink than Gatorade," PepsiCo said in a statement. "This claim is complete in only one way -- it is completely false."

Beyond that, Gatorade takes issue with the creative, from New York-based Ammirati, calling its depictions of Gatorade bottles "mutilated" and "distorted." Gatorade is seeking to preliminarily and permanently enjoin Powerade from running the campaign. It also seeks corrective advertising and damages. "[Powerade's] entire advertising campaign for Powerade Ion4 is a calculated, intentional strategy designed to falsely and viciously attack the readily identifiable market leader, Gatorade, in the hopes of unfairly gaining precious market share," the lawsuit states.

Coca-Cola spokesman Scott Williamson said, "We stand behind our product and are prepared to defend the role that Powerade plays in hydrating consumers."