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.
If you would like to discuss this case with Pearson, Simon & Warshaw, please
contact us.
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.