Muscle MilkCytosport – the company behind the popular nutritional product line Muscle Milk – has been hit with a federal class action lawsuit for pushing its products with false nutritional claims, despite them being “equivalent to fat-laden junk food.”According to the Muscle Milk class action lawsuit, a standard-sized container of Cytosport’s Muscle Milk drink contains the same number of calories and almost as much fat and saturated fat as a “Glazed Kreme Filling” Krispe Kreme doughnut, and more fat than other varieties of Krispe Kreme doughnuts. The same holds true for Cytosport’s Muscle Milk Bars.

“Cytosport makes representations and omissions that are intended to mislead consumers to believe that [Muscle Milk Ready-to-Drink and Muscle Milk Bars] are healthy, nutritious, and should be regularly consumed to help them live a healthy lifestyle,” the class action lawsuit states. However, “with almost 50% of their caloric content coming from fats, the Products are equivalent to fat-laden junk food.”

The Muscle Milk class action lawsuit is brought on behalf of all U.S. residents who purchased Cytosport’s “Muscle Milk Ready-to-Drink” and/or “Muscle Milk Bars” products during the period of July 18, 2007 through the present. It is seeking compensatory damages, punitive damages and restitution for Class Members, plus a corrective advertising campaign for allegations of False Advertising, Unfair Competition, and Fraud.

A copy of the Cytosport Muscle Milk Class Action Lawsuit can be read here.

The case is Claire Delacruz v. Cytosport, Inc., Case No. 11-cv-3532, United States District Court, Northern District of California.

UPDATE 1: A federal judge preliminarily approved the Muscle Milk class action settlement on Nov. 18, 2013. We will update our readers as soon as claim filing instructions are available.

UPDATE 2: On July 1, 2014, a federal judge granted final approval to the Delacruz v. Cytosport Muscle Milk class action settlement. Over 33,300 Class Members will receive over $30 each, according to the approval Order. If you get a check, let us know!

UPDATE 3: Checks were mailed to eligible Class Members on Sept. 23, 2014.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.



  • Anonymous August 15, 2011

    this stuff is sold at the YMCA’s in Florida. is no one honest. The name implies hype, “muscle milk” as we know milk is poison anyway… so it goes. what do we consumers get from this…fat and metabolic syndromes. where is the justice.

  • Top Class Actions October 2, 2014

    UPDATE: Checks were mailed to eligible Class Members on Sept. 23, 2014. Congrats to everyone who got paid!

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