CytoSport Muscle Milk Class Action Lawsuit Settlement | 2013

A proposed settlement has been reached in a class action lawsuit that accuses CytoSport Inc. of deceptively marketing its Muscle Milk products. If you purchased Muscle Milk Ready-to-Drink beverages or Muscle Milk bars between July 18, 2007 and Dec. 31, 2012, you may be eligible for a cash refund from the class action settlement.

Who’s Eligible

Class Members of the CytoSport Muscle Milk settlement include all individuals who purchased Muscle Milk Ready-to-Drink beverages or Muscle Milk bars at retail in the United States between July 18, 2007 and Dec. 31, 2012.

Potential Award

Up to $30 – $60 depending on how many Muscle Milk products you purchased. This amount may be reduced on a pro rata basis if the total number of claims exceeds the $1 million allotted to consumers from the $5.3 million class action settlement fund.

Proof of Purchase

No proof of purchase is required, but you must complete and submit a signed attestation form in which you describe, under penalty of perjury, which Muscle Milk products you purchased, the date of the purchase(s), and the location of the purchase(s).

Claim Form

Claim Form Deadline

3/12/2014

Case Name

Delacruz v. CytoSport Inc., Case No. 4:11-cv-03532-CW, in the U.S. District Court for the Northern District of California

Case Summary

The CytoSport Muscle Milk settlement will resolve a class action lawsuit (Delacruz v. CytoSport Inc.) that alleges CytoSport inaccurately labeled and marketed certain Muscle Milk beverages and bars by including statements such as “Healthy Sustained Energy,” “Health Fats,” “Good Carbohydrates,” and “0g Trans Fat” on some of its products. The plaintiff claims that these terms inaccurately portrayed the health benefits of the products in violation of California law.

CytoSport denies the allegations but agreed to provide refunds to consumers under a class action settlement that was preliminarily approved on Nov. 18, 2013.

UPDATE 1: 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 2: Checks were mailed to eligible Class Members on Sept. 23, 2014.

Final Hearing

5/15/2014

Settlement Website

www.CytoSportSettlement.com

Claims Administrator

Delacruz v. CytoSport Inc.
c/o Garden City Group
P.O. Box 35069
Seattle, WA 98124-3508
Phone: 1-855-590-8658
Fax: 206-876-5201
administrator@CytoSportSettlement.com

Class Counsel

Roland Tellis
Mark Pifko
BARON & BUDD PC

Defense Counsel

C. Charles Nierlich
Matthew L. Berde
Timothy W. Loose
GIBSON DUNN & CRUTCHER LLP