Federal Court Rules that Nationwide Consumer Class Action Lawsuit Concerning Deceptive Labeling of Muscle Milk Products Can Proceed

SAN FRANCISCO –(April 11, 2012) –Yesterday, the United States District Court for the Northern District of California 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’s depiction of the products as “healthy” plays into consumers’ increasing interest in health-conscious foods.

Yesterday’s 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’s obesity epidemic,” said Mark Pifko, attorney at Baron and Budd’s Los Angeles office. “You can’t just whip-up a blend of saturated fat and fractionated oil, and slap a ‘healthy’ label on it.”

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 consumers from negligent companies. Last year, Baron and Budd served on the plaintiffs’ steering committee in the Bank of America bank overdraft fee litigation that resulted in a $410 million settlement for consumers and forced Bank of America and other financial institutions to change overdraft fee policies. Since its expansion in 2011, the firm’s Los Angeles office has taken the lead on a number of high profile consumer lawsuits, including cases against companies in the banking, automotive and food product industries.

To learn more about the Muscle Milk lawsuit, contact Baron and Budd at [php function=1] or visit the firm’ website at //baronandbudd.com.

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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