Muscle Milk Class Action Resolved in $12M Deal

Plaintiffs have secured a $12 million settlement in a Muscle Milk class action alleging Cytosport misled consumers about the amount of protein and fat in its products.

Under the terms of the Muscle Milk false advertising class action settlement, Cytosport will pay Class Members depending on the type of product and amount they purchased.

Class Members with proof of purchase can claim $1 for each Muscle Milk shake product that they purchased, along with $3 for protein powders less than 2.75 lbs, and $5 for protein powders weighing more. Class Members without proof of purchase can make the same claims, but can only up to $25.

Further, the company has agreed to remove the word “lean” from its wording on the protein powder products.

The value of the claims in the settlement are estimated, as the exact payout per Class Member depends on the total number of claims. Cytosport has also agreed to pay $3.8 in attorneys’ fees, approximately $317,574 in costs, along with $30,000 in plaintiff service awards.

“After a hard-fought litigation including multiple rounds of written discovery, depositions, expert discovery, extensive motion practice, and two rounds of mediations, Plaintiffs and Defendant reached a Settlement,” states the plaintiffs’ motion for preliminary approval of the settlement.

“Compared to Plaintiffs’ initial estimates, the individual recovery offered under this Settlement could exceed the amount Class Members could reasonably expect at trial. Accordingly, this Settlement provides a significant and immediate benefit to the Settlement Class.”

The Muscle Milk false advertising class action lawsuit alleged that Cytosport mislabeled certain products as “lean” without the ingredients to back up the claim. The company advertised that its “lean” Muscle Milk products contained so-called lean lipids.

However, the products, including pre-made protein shakes and powders, contained roughly the same amount of fat as competing brands, argued the three plaintiffs.

In addition, Muscle Milk’s protein content was falsely advertised, according to the original complaint. Cytosport allegedly claimed its products contained L-Glutamine, an amino acid. However, the plaintiffs say that the substance could not be found in “any appreciable amount” in the products.

The products at issue allegedly included Muscle Milk: Lean Muscle Protein Powder, Muscle Milk Light: Lean Muscle Protein Powder, Muscle Milk Naturals: Nature’s Ultimate Lean Muscle Protein, and others.

The proposed Class in the Muscle Milk false advertising class action lawsuit was partially certified in 2018. A federal judge trimmed claims based on federal warranty law.

Did you purchase Muscle Milk products? Do you feel that the advertising was misleading? Tell us what you think in the comments below!

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The lead plaintiffs are represented Trenton R. Kashima and Jason J. Thompson of Sommers Schwartz PC, Jeffrey R. Krinsk of Finkelstein & Krinsk LLP and Nick Suciu III of Barbat Mansour & Suciu PLLC.

The Muscle Milk False Advertising Class Action Lawsuit is Clay, et al. v. Cytosport Inc., Case No. 3:15-cv-00165, in the U.S. District Court for the Southern District of California.

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