Settlement Structure: Claims Made
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.Case Summary:
Two categories of CytoSport, Inc. products are at issue in this case: its Muscle Milk Protein Ready-to-Drink Shake and its Muscle Milk Protein Powder. CytoSport has now elected to settle a class action alleging that the company made false and misleading “lean” and “L-Glutamine” claims about the protein content of the two products.
Muscle Milk Protein Ready-to-Drink Shake Products include
- CytoSport Whey Isolate Protein Drink,
- Monster Milk: Protein Power Shake,
- Genuine Muscle Milk: Protein Nutrition Shake, and
- Muscle Milk Pro Series 40: Mega Protein Shake.
Muscle Milk Protein Powder Products include
- Muscle Milk: Lean Muscle Protein Powder,
- Muscle Milk Light: Lean Muscle Protein Powder,
- Muscle Milk Naturals: Nature’s Ultimate Lean Muscle Protein,
- Muscle Milk Gainer,
- High Protein Gainer Powder Drink Mix,
- Muscle Milk Pro Series 50: Lean Muscle Mega Protein Powder, and
- Monster Milk: Lean Muscle Protein Supplement,
provided they had the phrase “lean lipids,” “lean protein,” “lean muscle protein,” or “new leaner formula” on the label.Docket Number:
Company: CytoSport, Inc.
Filing Deadline: September 16, 2020
Class Period: January 23, 2009 to May 5, 2020
Objection Deadline: September 16, 2020
Exclusion Deadline: September 16, 2020
Final Approval Hearing: October 19, 2020Proof of Purchase:
You do not have to submit proof of purchase, but you may be eligible for a larger award if you do.Eligibility:
You may be eligible if you are a member of either or both of the following classes:
- Shake Class: All persons in the US states, districts, or territories who bought the shake products listed above between January 23, 2011 and May 5, 2020. For those who bought the products in Michigan, the class period start date is January 23, 2009.
- Powder Class: All persons in the US states, districts, or territories who bought the shake products listed above between January 23, 2011 and May 5, 2020.Typical Settlement Amount:
Shake Class Members: $1 per purchased product; $25 maximum without proof of purchase, no maximum with proof of purchase. Powder Class Members: $3 per purchased product weighing 2 ¾ pound or less and $5 per purchased product weighing more than 2 ¾ pound.; $25 maximum without proof of purchase, no maximum with proof of purchase.
Awards will be adjusted pro rata, based on the total dollar amount of all valid claims received. Thus your final award may be more or less than the above. Class members may receive
Total Settlement Amount: $12 millionClass Representative Proposed Incentive Fee:
Up to $10,000 each
Barbat Mansour & Suciu PLLC
Sommers Schwartz PC
Claim Form: CytoSport Lean Protein Settlement Claim Form
Case Name: Clay et al. v. CytoSport, Inc.,
Settlement Website: CytoSport Lean Protein Settlement Website
Lean Protein Settlement
c/o Class Administrator
1650 Arch Street, Suite 2210 Philadelphia, PA 19103