CytoSport Reaches $5.3M Muscle Milk Class Action Settlement | 2013

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

CytoSport Inc. has reached a $5.3 million class action lawsuit settlement over allegations it misrepresented the nutritional value of its Muscle Milk sports drinks.

The Muscle Milk settlement will resolve a 2011 class action lawsuit alleging CytoSport pushed its Muscle Milk bars and sports drinks with claims that they are “nutritional” and a “healthy source of energy,” even though they contain as much – if not more – calories, fat and sugar as junk food.

Plaintiff Claire Delacruz submitted a motion for preliminary approval of the Muscle Milk drink settlement as well as conditional certification of the class, which will include all consumers who bought CytoSport’s Ready-to-Drink products in the U.S. between July 18, 2007 and December 21, 2012.

The proposed class action lawsuit settlement will allow Class Members to submit claims for payment from the settlement fund. Claimants with proof of purchase may receive up to $30 while those without proof may receive up to $10 from the settlement.

In addition, CytoSport has agreed to remove the phrase “Healthy, Sustained Energy” from the principal display panels of the Muscle Milk products for three years, and the term “healthy fats” on the labels of its Ready-to-Drink products for three years unless it modifies the statement by including the phrase “See nutrition information for saturated fat content,” or the product actually contains less than 0.5 grams of saturated fat per serving.

The proposed settlement comes nearly eight months after Delacruz successfully amended her class action lawsuit to revise her false advertising claims, and nearly a year after CytoSport reached a class action lawsuit settlement with consumers who purchased its Muscle Milk, Monster Milk, CytoMax and Mighty Milk products.

Keep checking Top Class Actions for updates on the Muscle Milk Drink Class Action Lawsuit Settlement, including how to file a claim if it is approved.

The case is Claire Delacruz v. CytoSport, Inc., Case No. 11-cv-3532, United States District Court, Northern District of California.

UPDATE 1: A federal judge preliminarily approved the Muscle Milk class action settlement on Nov. 18, 2013. We will update our readers as soon as claim filing instructions are available.

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!