Muscle Milk Consumers Motion for Class Cert. In False Advertising Lawsuit

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A group of consumers have asked a California federal judge to certify four Classes against the maker of Muscle Milk products alleging the company misrepresented the nutritional value of the drink’s ingredients.

Lead plaintiffs Chayla Clay, Erica Ehrlichman and Logan Reicher brought the proposed false advertising class action lawsuit against Cytosport Inc. in January 2015.

The complaint filed in California federal court states that the manufacturers of Muscle Milk made false statements regarding the nutritional content of their drink, and lied to consumers when they stated in advertising that the drink is lean and can help dieters and athletes lose weight.

Specifically, plaintiffs allege that Cytosport misleadingly advertises that Muscle Milk products contain a specific amount of protein when they actually contain significantly less protein than the advertised amount.

For example, the plaintiffs say that the company labels Cytosport Whey Isolate Protein drinks as containing 32 grams of protein per bottle when they actually contain 27.3 grams.

As a result, “[p]ersons requiring a certain amount of protein supplementation, whether as part of fitness regimen or for particular health needs, are left to ingest less protein than defendant states will be provided,” the complaint said.

Muscle Milk labels also lead consumers to believe that the brand’s products contain significant amounts of muscle-building ingredients, including the amino acid L-Glutamine, and present a sub-line of its ready-to-drink and powered beverages as “lean” when in reality the Lean Muscle Milk products do not contain less fat than other traditional protein powders.

This, according to the class action lawsuit, is in violation of federal nutritional labeling laws, as well as nutrition laws in California, Florida, and Michigan.

Moreover, the complaint also alleges that the Lean Muscle Milk Products are not actually “lean” as consumers understand the word: “In fact, Defendant fortifies its Lean Muscle Milk Products with sunflower and canola oils, considerable sources of fat” and “has no basis to label is Lean Muscle Milk Products as ‘lean’.”

The plaintiffs are requesting certification of four Classes which include a nationwide Class and three subclasses for California, Michigan and Florida consumers who purchased either Cytosport’s RTD products or Powder Products.

The motion for class certification contends that by labeling their products as “lean,” Cytosport is in violation of these states’ various consumer protection laws.

Cytosport, which was acquired by Hormel Foods in July 2014, has for years been the target of consumer watchdog groups and government agencies which take issue with use of the word “milk” in the name of brand whose products contains none of the actual ingredient.

In fact, in 2011, the Food and Drug Administration issued a warning letter to Cytosport saying the Muscle Milk drink brand’s labels could be misleading to consumers.

Cytosport has also faced accusations that while it positions Muscle Milk products as a healthy and nutritious, they are in actuality packed with fats. In 2013, the company agreed to a $5.275 million settlement to resolve such claims.

The lead plaintiffs are represented by Jeffrey R. Krinsk, Mark L. Knutson, Trenton R. Kashima and William R. Restis of Finkelstein & Krinsk LLP, Nick Suciu III of Barbat Mansour & Suciu PLLC, Lance C. Young of Sommers Schwartz PC and Sarah W. Colegrove of Briggs Colegrove PC.

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.

UPDATE: On Sept. 7, 2018, consumers in a Muscle Milk false advertising class action lawsuit were able to convince a federal judge to partially certify their proposed Class.