CytoSport Muscle Milk/Monster Milk Class Action Settlement | 2012

CytoSport – the company behind the popular nutritional product lines Muscle Milk, Monster Milk, CytoMax and Mighty Milk – has proposed a class action lawsuit settlement to resolve claims it did not adequately inform consumers that some of its products allegedly contained trace amounts of metals, including lead, cadmium and/or arsenic.

The proposed CytoSport settlement will resolve a class action lawsuit accusing the company of violating the Food, Drug and Cosmetics Act, and various California laws, a charge the company vigorously denies. CytoSport contends that trace amounts of metals are found in the environment and in many agricultural products, and that its products are safe, as confirmed by independent testing by accredited third parties. CytoSport maintains that no consumers have suffered any injury from purchasing or drinking its products.

Nevertheless, CytoSport has proposed a class action lawsuit settlement to avoid the expense of ongoing litigation.

Class Members of the CytoSport class action lawsuit settlement include all individuals who purchased certain CytoSport products, including but not limited to Muscle Milk, Monster Milk, CytoMax and Mighty Milk products in any form, including powder beverages, ready-to-drink beverages, bars or capsules, during the period between June 4, 2006 and January 5, 2012. A complete list of products covered under the CytoSport class action settlement can be found here.

Class Members have three options for filing a claim:

Option 1: Class Members who submit original, valid sales receipt(s) showing that qualifying CytoSport product(s) were purchased between June 4, 2006 and April 8, 2011 are entitled to a check for reimbursement of the full retail purchase price paid for the products purchased by the Class Member, up to a total of $20.00.

Option 2: Class Members who submit original product packaging sufficient to show that the qualifying CytoSport product(s) were purchased between June 4, 2006 and April 8, 2011 are entitled to receive a check for reimbursement of the redeemable value for each product or products purchased by the Class Member, up to a total of $20.00. For purposes of this option only, a Class Member shall receive a credit for each qualifying Product as follows: $20.00 for any powdered Product of two pounds or more; $15.00 for each powdered Product of less than two pounds; $3.25 for each ready-to-drink Product of 14 ounces or more; $2.25 for each ready-to-drink Product of less than 14 ounces, $1.75 for each protein bar; $4.00 for any container of fewer than 100 capsules; and $16.00 for each container of 100 or more capsules. Any Product not included in these categories may be subject to reimbursement in the amount of a redeemable value based on the approximate retail price, up to $20.00 in total.

Option 3: Class Members who do not submit original sales receipts or original product packaging may make a claim by solemnly swearing, under penalty of perjury, that the Class Member purchased a qualifying CytoSport product between June 4, 2006 and January 5, 2012, and would not have made that purchase if the Class Member had known about the allegations in this lawsuit. Class Members choosing to make a claim under option three may choose to receive either a check for $5 cash or a voucher for $10 worth of any Muscle Milk or Monster Milk products. Under option three, Defendant is liable for the value of up to 200,000 claims. If more than 200,000 claims are made under option three, the amount of reimbursement to Class Members who choose option three will be reduced proportionately, so that the total amount paid equals the value of 200,000 claims.

To receive any of these benefits from the CytoSport class action settlement, you must submit a claim form and the supporting documents that apply to the option you choose postmarked no later than June 15, 2012 May 4, 2013.

Claim forms can be submitted online at www.CytoSportClassActionSettlement.com.

You can also download a claim form and/or find more information on your rights in the CytoSport Class Action Lawsuit Settlement at www.CytoSportClassActionSettlement.com.

Detailed instructions on how to file a valid claim form and ensure you receive your class action settlement benefits can be found in our Open Lawsuit Settlements section.