Courtney Jorstad  |  January 29, 2015

Category: Consumer News

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Muscle MilkThe maker of Muscle Milk and Cytosport protein supplements was  hit with a class action lawsuit in a California federal court, alleging that Cytosport, Inc. engages in deceptive marketing to convince customers to buy it products.

Cytosport markets its protein supplements to “all age groups and lifestyles, including people engaged in fitness, as part of a weight loss program and protein supplementation for aging adults,” said plaintiffs Chayla Clay, Erica Ehrlichman, and Logan Reichert in their class action lawsuit.

“However, Cytosport markets its products in a systematically misleading manner, stating that its products have ingredients, characteristics and benefits that they do not,” they allege.

According to the Muscle Milk class action lawsuit, the company makes a point of highlighting the protein content, but gives the customer the impression that its products do not include “high levels of fats, oils and unnecessary fillers” by labeling “a subset of its Muscle Milk products as ‘lean’ to impress upon the public that its products contain less fat than its competitors.”

For example Cytosport makes Muscle Milk: Lean Muscle Protein Powder, Muscle Milk Light: Lean Muscle Protein Powder, Muscle Milk Naturals: Nature’s Ultimate Lean Muscle Protein and others.

However, the plaintiffs allege that the “products do not contain the ingredients and characteristics advertised.”

Specifically, “Cytosport’s Muscle Milk [Ready-to-Drink] Products do not contain the quantity of protein that is advertised, and thus warranted, on each of the Product’s labels,” the Muscle Milk false advertising class action lawsuit claims.

In fact, they allege that the Cytosport “products contain significantly less protein that what is claimed and displayed,” and this is also true of some of the other ingredients in the protein supplement products.

“Cytosport expressly advertises and labels, and therefore warranties, that the Muscle Milk Powder Products’ propriety ‘Precision Protein Blend’ contains L-Glutamine, an amino acid that aids in muscle recovery and is essential for the proper operation of the immune system,” the Cytosport class action lawsuit explains.

“Nevertheless, Cytosport’s Muscle Milk Powder Products do not contain free-form L-Glutamine in any appreciable amount,” the plaintiffs claim.

In addition, Cytosport’s Lean Muscle Milk Products are allegedly labeled as “lean” and they also say that they contain “Lean Lipids,” making consumers believe that they are lower in fat that other products in the same category, the Muscle Milk class action lawsuit says.

“This is demonstrably false,” the plaintiffs allege. “[Cytosport’s] Lean Muscle Milk Products contain no less fat than the majority of its competitors.

“In fact, [Cytosport] fortifies its Lean Muscle Milk Products with sunflower and canola oils, considerable sources of fat. Therefore, [Cytosport] has no basis to label is Lean Muscle Milk Products as ‘lean,'” the class action lawsuit contends.

The Muscle Milk class action lawsuit is charging Cytosport with violating California’s Unfair Competition Law, California’s False Advertising Law, California’s Consumer Legal Remedies Act, Florida’s Deceptive and Unfair Trade Practices Act, Michigan’s Consumer Protection Act, breach of express warranty, and breach of written warranty.

The plaintiffs are proposing four classes: a nationwide class, a California class, a Michigan class and a Florida, who have purchased Muscle Milk products within four to six years of when this class action lawsuit was filed.

This is not the first time that Cytosport has been hit with a false advertising class action lawsuit over its Muscle Milk products. In 2013, a $5.3 million class action settlement was reached with a nationwide class of Muscle Milk customers who purchased its ready-to-drink products from July 18, 2007 through Dec. 21, 2012.

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

Counsel information for Cytosport was not immediately available Thursday.

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. 9, 2016, a group of consumers 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.

UPDATE 2: 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.

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34 thoughts onMuscle Milk Products Are Not “Lean,” Class Action Claims

  1. Patrick says:

    Please add me I was a big muscle milk drinker and since hearsay of false advertisement I’ve completely change my workout supplements.

  2. Antonio Rial says:

    How do u get added? Been using this stuff forever

  3. Angela Kelly says:

    Add please. My husband buys these in Bulk from Amazon. What a mess.

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