A consumer protection class-action lawsuit is moving forward against Cytosport, Inc., the maker of “Muscle Milk,” over allegations the company has engaged in deceptive sales practices by exaggerating the nutritional benefits on its product labels.
The plaintiffs in the lawsuit are consumers who bought certain Muscle Milk products, including Lean Muscle Protein Powder, Light: Lean Muscle Protein Powder, and Naturals: Nature’s Ultimate Lean Muscle Protein varieties.
The plaintiffs allege that Cytosport (now owned by Hormel Foods, Inc.) violated state and federal laws by misleading consumers about the presence of certain muscle-building nutrients in its liquid shake and protein powder products. In particular, the plaintiffs claim:
- The labeling of Muscle Milk is aimed at athletes and persons seeking to lose weight, but the protein information on the product labels cannot be verified through independent testing.
- Cytosport is misleading consumers by claiming that its products contain the amino acid L-Glutamine, when in fact the products do not contain much L-Glutamine at all.
- Cytosport has violated Michigan, Florida and California laws, as well as federal law, by labeling its products as “lean” because the products do not contain any less fat than similar items manufactured by other companies.
On September 7, 2018, a California federal judge certified a nationwide class of consumers who have purchased Muscle Milk during the four years prior to the filing of the class-action suit. The judge also certified subclasses in California, Michigan, and Florida. Attorneys Jason Thompson of Sommers Schwartz’s Class Action Litigation Group have been certified as co-counsel for the plaintiffs in the action.
Specifically, the judge approved the false advertising claims involving the protein content and “lean” attributes displayed on Muscle Milk product labels.
Cytosport has previously faced similar accusations of deceptive advertising. In 2013, the company agreed to pay more than $5 million to settle a class action alleging it underestimated the fat content in its products.
Our attorneys are currently interviewing consumers who may have been misled by the company. If you purchased Muscle Milk products and believe that you have been deceived, please contact us today.