Cytosport Muscle Milk and Monster Milk Case
Pearson, Simon & Warshaw, LLP annouces that the Los Angeles County
Superior Court has granted preliminary approval of a settlement resolving
Proposition 65 and related legal claims brought on behalf of consumers
against CytoSport concerning Muscle Milk®, Monster Milk® and other products.
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Contact Usregarding this case.
Below is the press release issued by the parties:
LOS ANGELES, April 6, 2012 /PRNewswire/ -- The following statement is being
issued by Pearson, Simon, Warshaw & Penny, LLP, Whatley Drake &
Kallas, LLC and Gibson, Dunn & Crutcher LLP regarding CytoSport. Pearson,
Simon & Warshaw, LLP, Whatley Drake & Kallas, LLC, and CytoSport
jointly announce that the Los Angeles Superior Court has granted preliminary
approval of a settlement resolving Proposition 65 and related legal claims
brought against CytoSport. The plaintiffs in this lawsuit alleged that
CytoSport did not adequately inform consumers that certain products, including
Muscle Milk® and Monster Milk®, allegedly contained lead, cadmium
and/or arsenic. CytoSport vigorously denies these claims, responding that
trace amounts of metals are found in the environment and in many agricultural
products, and that the products are safe, as confirmed by independent
testing by accredited third parties. Plaintiffs' Complaint does not
allege that CytoSport violated the Food, Drug and Cosmetics Act, and plaintiffs
did not contend that any consumer was physically harmed by CytoSport's
products; rather, the lawsuit pertained to labeling requirements under
California law. The Court did not rule in favor of plaintiffs or CytoSport.
Instead, the parties agreed to a settlement to avoid the expense and risks
of continuing the lawsuits.
People who purchased a CytoSport product, including any Muscle Milk®
or Monster Milk®, CytoMax®, and Mighty Milk® varieties in
any form, including powder beverages, ready-to-drink beverages, bars or
capsules, between June 4, 2006 and January 5, 2012, may be members of
the proposed class unless they opt out before June 15, 2012. Qualifying
households may file a claim to receive up to $20. A list of qualifying
products and other details of the proposed settlement are available by
calling (888) 313-1922 or online at
www.CytoSportClassActionSettlement.com.