Claims Deadline Extended for CytoSport Class Action Settlement | 2013

Just one day after reporting that CytoSport Inc. had reached a $5.3 million class action lawsuit settlement involving its Muscle Milk sports drinks (Delacruz v. CytoSport Inc.), Top Class Actions has learned the claims filing deadline for a separate CytoSport settlement has been extended.

Consumers that purchased qualifying CytoSport nutritional products — including Muscle Milk, Monster Milk, Cytomax, Mighty Milk and Whey Isolate – can receive up to $20 cash if they submit a valid Claim Form by May 4, 2013.

If approved, the CytoSport settlement will resolve a class action lawsuit (Nasseri v. CytoSport Inc.) that alleges the company violated the law by failing to adequately inform consumers that some of its products allegedly contained trace amounts of metals, including lead, cadmium and/or arsenic.

CytoSport vigorously denies the allegations and contends that its products are safe, but has agreed to settle the case in order to avoid the expense of ongoing litigation.

Class Members include all individuals who purchased certain CytoSport nutritional products in any form, including powder beverages, ready-to-drink beverages, bars or capsules, between June 4, 2006 and January 5, 2012. These products include:

100% Whey
Complete Casein
Complete Whey
Cytogainer
Cytomax
EvoPro
Fast Twitch
Joint Matrix
Muscle Milk
Monster Amino
Monster Maize
Monster Mass
Monster Milk
Monster Pump
Protein H2O
Pure Protein
Vasostat N.O.
Whey Isolate

A complete list of covered products can be found at www.CytoSportClassActionSettlement.com.

Class Members have three options for filing a claim:

Option 1: Class Members who submit original, valid sales receipt(s) showing that qualifying CytoSport product(s) were purchased between June 4, 2006 and April 8, 2011 are entitled to a check for reimbursement of the full retail purchase price paid for the products purchased by the Class Member, up to a total of $20.00.

Option 2: Class Members who submit original product packaging sufficient to show that the qualifying CytoSport product(s) were purchased between June 4, 2006 and April 8, 2011 are entitled to receive a check for reimbursement of the redeemable value for each product or products purchased by the Class Member, up to a total of $20.00. For purposes of this option only, a Class Member shall receive a credit for each qualifying Product as follows: $20.00 for any powdered Product of two pounds or more; $15.00 for each powdered Product of less than two pounds; $3.25 for each ready-to-drink Product of 14 ounces or more; $2.25 for each ready-to-drink Product of less than 14 ounces, $1.75 for each protein bar; $4.00 for any container of fewer than 100 capsules; and $16.00 for each container of 100 or more capsules. Any Product not included in these categories may be subject to reimbursement in the amount of a redeemable value based on the approximate retail price, up to $20.00 in total.

Option 3: Class Members who do not submit original sales receipts or original product packaging may make a claim by solemnly swearing, under penalty of perjury, that the Class Member purchased a qualifying CytoSport product between June 4, 2006 and January 5, 2012, and would not have made that purchase if the Class Member had known about the allegations in this lawsuit. Class Members choosing to make a claim under option three may choose to receive either a check for $5 cash or a voucher for $10 worth of any Muscle Milk or Monster Milk products. Under option three, Defendant is liable for the value of up to 200,000 claims. If more than 200,000 claims are made under option three, the amount of reimbursement to Class Members who choose option three will be reduced proportionately, so that the total amount paid equals the value of 200,000 claims.

To receive any of these benefits from the CytoSport class action lawsuit settlement, you must submit a Claim Form and the supporting documents that apply to the option you choose postmarked no later than May 4, 2013.

Claim Forms and more information on your rights can be found at www.CytoSportClassActionSettlement.com. Detailed claims filing instructions can be found in our Open Lawsuit Settlements section.