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Class Action over Deceptive Labeling of Muscle Milk Products


San Francisco, CA: The United States District Court for the Northern District of California has ruled that a false advertising lawsuit against Cytosport, Inc., producer of the popular Muscle Milk line of products, could proceed. According to the lawsuit, to increase sales figures, Cytosport intentionally misrepresents the purported health benefits of Muscle Milk, and actively draws consumer attention away from the significant amount of saturated fats in the products. Baron and Budd attorneys Roland Tellis and Mark Pifko serve as counsel in the lawsuit.

The lawsuit alleges that Cytosport profits significantly from its deceptive marketing of Muscle Milk because the company' depiction of the products as "healthy"plays into consumers' increasing interest in health-conscious foods.

The ruling allows the lawsuit to move forward. The Court explained that a "reasonable consumer would be likely to believe that the drink contains unsaturated, not saturated fats. The drink container also states that it is a 'nutritional shake.' This representation ... contributes to a sufficient claim of deceptive product labeling ... the injury to the consumer class as a whole could be substantial, even if the injury to individual consumers is minimal. No benefit is served by false and misleading advertising."

"Cytosport is preying on a community that wants to be healthy, but instead of helping it is contributing to America' obesity epidemic,"said an attorney representing the plaintiffs. "You can't just whip-up a blend of saturated fat and fractionated oil, and slap a 'healthy' label on it."

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Published on Apr-12-12


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