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March 28, 2013 / Nazareth M. Haysbert

CytoSport to pay $5.3 Million in Muscle Milk Class Action Settlement

A preliminary settlement has been reached in a class action lawsuit against CytoSport Inc., the maker of Muscle Milk bars and sport drinks. The class action lawsuit alleged that CytoSport falsely mislabeled its Muscle Milk sports drinks as “nutritional” and a healthy provider of sustained energy, when in fact these products contained as much calories, fat, and sugar as junk food. Federal and state laws prohibit corporations from making false or misleading statements about their products to consumers.

CytoSport denied any wrongdoing, but decided to settle the class action lawsuit, entitled Claire Delacruz v. CytoSport, Inc., to avoid further litigation. Under the terms of the settlement, the company has agreed to reimburse consumers who bought CytoSport’s Ready-to-Drink products in the U.S. between July 18, 2007 and December 21, 2012, up to $30 upon submission of a valid proof of purchase form. Consumers who submit a claim for payment without valid proof of purchase may receive up to $10 from the settlement.  CytoSport also agreed to remove the phrase “Healthy, Sustained Energy” from the display panels of the Muscle Milk products for three years, and the term “healthy fats” on the label of its Ready-to-Drink products for three years, unless it modifies the statement by adding the phrase “See nutrition information for saturated fat content,” or ensures the product contains less than .5 grams of saturated fat per serving.  Once the settlement is approved by the Court, class members who submit a claim form will be eligible to participate in the settlement.

If you or someone you know has been misled or harmed by false claims about a product, contact Khorrami, LLP for more information and a free consultation regarding your possible claims.

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