Muscle Milk Can’t Hold Its Weight Against Deceptive Advertising Charges

July 5, 2012  |  Class Actions

The nutritional supplement market is saturated with products boasting a slimmer, trimmer and healthier you. Supplement companies would lead you to believe that you can drink, eat or swallow your way to a rippled six-pack.  However, a lifestyle consisting of exercise and proper diet is the only way to achieve the beach-ready, tight t-shirt/bikini body we all secretly want. 

On June 28th, a federal judge in California ruled that Baron and Budd attorneys Mark Pifko and Roland Tellis could proceed with a false advertising class action lawsuit against the hugely popular Muscle Milk® line of products, challenging the statements “healthy, sustained energy” and “healthy fats.” The lawsuit alleges that these advertising representations, which are prominently featured on packaging for the products, are false and misleading because the products contain unhealthy ingredients including fat, saturated fat and added sugars.

The FDA issued a warning to CytoSport Inc. in the summer of 2011, stating that the label made unauthorized claims Muscle Milk products were “healthy.”  Specifically, Muscle Milk products violated FDA regulations because products cannot be labeled “healthy” unless they are low fat and low in saturated fat.  According to the FDA’s letter, Muscle Milk products exceeded permissible levels of fat and saturated fat.

Other supplement companies produce goods that do meet the FDA requirements to be labeled “healthy.” It is, therefore, also unjust for CytoSport to market Muscle Milk products as “healthy” and dissuade consumers from purchasing products that do meet these standards.

Deceptive advertising is a crime. Regardless of individual injury, it has substantial impact on the consumer class whose interests are at stake. If an automobile company falsely advertised that its product was environmentally friendly and boasted 40 miles-per-gallon, it would be unfair to the consumer and other automobile companies whose respective income and profits are at stake. Action would be taken and the automobile industry would hold the company in question accountable for its claims. The same standard should be applied to the nutritional supplement industry, especially since it has the ability to affect the health of the masses.

CytoSport’s Muscle Milk products are one of the most widely distributed and nationally recognized nutritional supplements in the United States. The company has capitalized on the health and wellness trend with negligent claims in order to make a profit. After Thursday’s ruling, Baron and Budd attorneys Mark Pifko and Roland Tellis are pleased and see it as an important step in achieving their client’s goal in holding CytoSport accountable for its false and misleading representations.

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

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