Baron and Budd pursues potentially false “healthy” claims on Muscle Milk labels

LOS ANGELES –(Jan. 30, 2011) – Baron and Budd announced Monday that it has filed a deceptive advertising lawsuit against Cytosport Inc., the makers of Muscle Milk brand products.

The suit claims that Cytosport intentionally mislabels its Muscle Milk products as healthy workout supplements that will help consumers lose weight. The suit states, however, that some varieties of the products — which are expressly represented by the company to be "healthy" — are more like a Krispy Kreme Doughnut because the products are high in calories and they contain unhealthy amounts of fat and saturated fat. Additionally, the lawsuit alleges that Muscle Milk energy bars also contain other unhealthy ingredients like fractionated palm kernel oil.

"Muscle Milk isn’t nutritious at all. It’s just fatty junk food," said Baron & Budd attorney Mark Pifko. "What’s worse is Cytosport tries to pass the product off as a weight loss supplement that should be consumed three or more times a day."

The suit states that Cytosport also claims that consumers who use Muscle Milk will lose weight. According to the suit, Cytosport’s website says that Muscle Milk is, "an ideal nutritional choice [if] you are…on a diet," and Muscle Milk advertisements are designed to reinforce that claim with catchy phrases telling consumers that they can "go from cover it up to take it off," or "from frumpy to fabulous."

But, according to Pifko, Cytosport’s claims are false and misleading.

"Cytosport is preying on a community that wants to be healthy, but instead of helping, it is contributing to America’s obesity epidemic," Pifko said. "You can’t just whip-up a blend of saturated fat and fractionated oil, and slap a label on it, telling people it’s healthy."

Baron and Budd is a nationally recognized plaintiffs’ law firm with more than 30 years’ experience fighting to protect what’s right for consumers. The firm prides itself on remaining on the cutting-edge of meaningful litigation that protects people from negligent companies. Last year, Baron and Budd served on the plaintiffs’ steering committee in the Bank of America overdraft fee litigation that resulted in a $410 million settlement for consumers that forced Bank of America and many other financial institutions to change overdraft fee policies. The firm is also involved in uncovering online scams and mortgage fraud financial issues.

To learn more about the Cytosport lawsuit, contact Baron and Budd at 1.866.844.4556 or visit the firm’s website at

About Baron & Budd, P.C.

The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge, Austin, Los Angeles and Miami, is a nationally recognized law firm with a 30-year history of "Protecting What’s Right" for people, communities and businesses harmed by negligence. Baron & Budd’s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the mesothelioma attorneys at Baron & Budd.

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