SAN FRANCISCO, Dec. 11, 2013 –The following statement is being issued by Baron and Budd, P.C. and Gibson, Dunn & Crutcher LLP regarding CytoSport, Inc.
Attorneys Roland Tellis and Mark Pifko of Baron & Budd, P.C., on behalf of Claire Delacruz and a proposed class of consumers, and Gibson, Dunn & Crutcher LLP, on behalf of CytoSport, jointly announce that the United States District Court for the Northern District of California, Oakland Division, has granted preliminary approval of a settlement to resolve legal claims concerning certain advertising and marketing by CytoSport. The plaintiff alleged that CytoSport misled consumers of Muscle Milk® ready-to-drink and bar products in the way that CytoSport labeled and marketed those products. CytoSport vigorously denies these allegations, responding that its products are part of a healthy, balanced diet and that it has complied with applicable laws and regulations. The Court did not rule in favor of plaintiff or CytoSport. Instead, the parties agreed to a settlement to avoid the expense and risks of continuing the lawsuits. The settlement is valued at $5,000,000.
People who purchased a Muscle Milk® Ready-to-Drink or Muscle Milk® Bar product at retail in the United States between July 18, 2007 through December 31, 2012 may be members of the proposed class unless they opt out before March 12, 2014. Under the settlement, qualifying households may be eligible to receive up to $60, depending on the amount of their claim and the total number of claimants. Additionally, the settlement requires CytoSport to discontinue the use of certain statements in the labeling and/or marketing of its Muscle Milk® Ready-to-Drink and Bar products.
Claim forms, a list of qualifying products, and other details of the proposed settlement are available by calling (855) 590-8658 or online at www.CytoSportSettlement.com.