ADVERTISING DO & DON´T GUIDANCE

1. General

 As a general principle based on widely accepted advertising rules, messaging material should not
be misleading or confusing, i.e. not create a false impression about the presented product or its
properties.
 In particular, in relation to health or nutrient claims, since 2012 in the EU only those included in
an exhaustive list of permitted claims can be made, and manufacturers can use only their
exact language. In particular, caffeine claims await final approval by the EU Commission (e.g. if a
product contains more than 75 mg of caffeine, the statement “caffeine helps to improve concentration”
can be used in its labeling or advertising material). Red Bull chose not to use specific-ingredient-related-
claims, such as the one prescribed for caffeine and we instead used the reason why statement.
 Claims/messaging rules cover not only words/statements but also any pictorial representations
as such or in combination with the chosen text, e.g. the overall impression from our cartoons and POS,
should not be an implied or non-permitted claim or create a misleading impression about the product/its
properties. e.g. “And your own energy level?” accompanied by an extremely tired and obviously
sleeping guy.

 Also legally binding rules on unfair competition practices should be respected: which is defined as
a competitive behavior that is contrary to decent competitive practices and capable of disadvantaging
other competitors or consumers. Violations in this area are systematically monitored and sanctioned very
high (e.g. the Competition Authorities in Germany are very active and eager to pursue even the smallest
deviation from the rules). e.g. “Red Bull to fly sure beats coffee to go” This is a direct comparison with
coffee, which brings coffee in a disadvantageous position and negative light.
 In terms of evaluation of regulatory compliance, there are “more flexible” and stricter countries.
Even within the EU there is a differentiation, depending on authorities’ interpretations, e.g. Germany,
Italy and France take a stricter approach than Austria does.
 Our advertising has to comply also with our international self-regulatory commitments, e.g. in
terms of not advertising to children U12, and similar commitments (they should be checked specifically
for each country).

2. Do 
 Take a humoristic approach.
 Use ambiguous slogans.
 Use “Vitalizes Body and Mind” as a TM – using the exact words that are registered in the specific
countries. “Vitalizes Body and Mind” should not be used or positioned as a claim but rather as an
intellectual property asset.

Regulatory Department October 2015 Page 1 of 2

CONFIDENTIAL – ONLY FOR INTERNAL USE

 ADVERTISING DO & DON´T GUIDANCE

3. Don´t 
 Do not refer directly to competitors or diminish/denigrate/reduce them or their products as this may
amount to unfair competition or defamation, e.g. “On average we drink 60L of coffee a year. Why?” or
“Coffee is so last century.”
 No use of pictures, logos, brand names and slogans that might infringe the rights of others, e.g. a
third company holding trademark rights, e.g. using the “Audi” symbol in our cartoons or using headlines
that play with Audi slogans. In case of partnerships, we can do this if we get written
confirmation/approval from that brand.
 No direct/indirect/implied health or medical related statements. e.g. “Feeling burnt out?”, “Making
sure you are concentrated after lunch”, “Your secret to improving your memory” or “Color for the grey
cells?” although not a direct health claim could be understood as an implied / indirect claim, by way of
interpretation.
 Do not say or imply that a Red Bull is to be preferred instead of, or a solution for lack of, sleeping or that
it is the means to overcome exhaustion. e.g. “Power. No Nap.”
 Re driving: always use a disclaimer along the lines “If you start feeling tired, the best advice we can
give you is to stop and take a rest” in the US and Italy. In other countries disclaimer required only if
advertising material could be understood as encouraging long distances drive without a break.
 No reference to mixing with alcohol or drunk persons.
 No direct (negative) comparison with coffee. In principle we should avoid this approach in our
advertising, e.g. “Why take a coffee?” etc. Coffee manufacturers unions are very active and alert on
such approaches.
 Reference to sports: our product is not a sports drink in the sense of being designed to rehydrate our
bodies or replenish lost electrolytes while practicing sports. Be careful not give the impression that by
having a Red Bull one will be improving specific end points such as rehydrating, or running faster, gain
more muscles, lose weight, etc.
 No encouragement to substitute water with Red Bull: our product is not a thirst quencher.
 The term energy should be very carefully used, since we do not and cannot position it as a nutrient
claim (for which we would not meet the legal qualifying conditions) and we want to keep the term “energy
drink” outside the EU Claims Regulation since it is a product mandatory denomination – not a claim.
 No references or other means of expression indicating or implying that the product is addressed to
children, e.g. pictures of students other than those in University age, terms such as “Teacher”, “Math’s
exam”, “School break”, reference or representation of typical children activities / games etc.
 No texts or other means of expression indicating or implying encouragement to excess, repeated or
chronic consumption, e.g. phrases such as “in any situation of your daily life”, “Whenever you…”,
“make sure you have a can of Red Bull by your side any time of the day”.
 No encouragement to neglect rules of prudent behavior (in some countries, e.g. US, this could lead
to litigation in others, e.g. Italy, it would be a direct violation of national advertising rules). e.g. showing
a picture of a tired driver accompanied by a text encouraging to go on driving after drinking a Red Bull
(whereas prudent behavior would be to stop and rest, in order not to cause an accident).

Regulatory Department October 2015 Page 2 of 2

CONFIDENTIAL – ONLY FOR INTERNAL USE