Dominic Rivera  |  November 22, 2013

Category: Consumer News

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Muscle Milk class action settlementA judge has preliminarily approved a $5.3 million false advertising class action lawsuit settlement between CytoSport and California plaintiff Claire Delacruz. The plaintiff had earlier sued CytoSport over the marketing of its Muscle Milk bars and beverages, alleging that it misrepresented the nutritional value of its Muscle Milk beverages and bars.

In her ruling, U.S. District Judge Claudia Wilken said that the CytoSport Muscle Milk settlement was “fair, reasonable and adequate.” CytoSport denied any wrongdoing but agreed to create a $5.3 million fund for anyone who bought Muscle Milk ready-to-drink beverages and bars in the U.S. between July 18, 2007 and Dec. 31, 2012.

Under the Muscle Milk class action settlement, the company also agreed to stop using the term “Healthy Fats” on their ready-to-drink products unless they contain less than 0.5g of saturated fat/serving or they will have to include the phrase: “See nutrition information for saturated fat content.”

The Muscle Milk settlement will resolve a 2011 class action lawsuit filed by Delacruz alleging that CytoSport pushed its Muscle Milk bars and sports drinks as nutritious and a “healthy source of energy,” even though they were allegedly “fat-laden junk food” and “loaded with as much, if not more, total fat and saturated fat as a doughnut.”

Two weeks prior to filing the class action lawsuit, the U.S. Food and Drug Administration (FDA) already warned CytoSport through a letter that the company’s Muscle Milk products were misbranded. The FDA noted that “healthy” foods must have a total fat content of 3g or less per reference amount customarily consumed (RACC); 1g or less saturated fat per RACC; and no more than 15% calories from saturated fat. Just the Muscle Milk chocolate protein nutrition shakes alone contained more than 3g of fat per RACC while the chocolate peanut caramel bar contained more than 3g total fat and 1g saturated fat per RACC, the FDA noted.

The approved class action settlement came after Delacruz successfully amended her class action lawsuit to revise her false advertising claims. Consumers in the class can receive up to $30 with proof of purchase or up to $10 without it.

Details on how to file a claim for the Muscle Milk class action settlement were not immediately available. Keep checking Top Class Actions for updates on the Muscle Milk settlement, including how to file a claim if it gets final approval at the final hearing set for May 15, 2014. You can also sign up for our free weekly e-newsletter below to receive updates on this case and other class action lawsuits and settlements.

The Muscle Milk Drink Class Action Lawsuit Settlement is Claire Delacruz v. CytoSport, Inc., Case No. 11-cv-3532, United States District Court, Northern District of California.

 

UPDATE 1: Claim filing instructions are up! See how to file a claim for the Muscle Milk class action settlement here.

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. Congrats to everyone who got paid!

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16 thoughts onCytoSport’s $5.3M Muscle Milk Class Action Settlement Gets Provisional Nod | 2013

  1. Jamie says:

    I got mine!

  2. Top Class Actions says:

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

  3. patricia says:

    I just received a check for 32.10, ny

  4. Anne says:

    My son received a check today for $32.10. Thank you Class Action Settlement web site. I read about it here and he had been drinking the drinks and bars, thinking they were healthy.

  5. The bob says:

    32.10 today

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