Clay et al. v. CytoSport, Inc.

UPDATE: The Fairness Hearing was rescheduled as a telephonic hearing, to be held on October 29, 2020 at 1:00 p.m.

If you purchased CytoSport and/or Muscle Milk Ready-To-Drink Shake Products or Muscle Milk Protein Powder Products, you could receive a cash payment as part of a class action settlement.

A Proposed Settlement has been reached in a class action lawsuit. Purchasers of certain CytoSport/Muscle Milk Protein Ready-To-Drink Shake and Muscle Milk Protein Powder products have sued CytoSport, Inc. (“Defendant”), alleging that it made false and misleading statements about the protein content of the Ready-To-Drink products and allegedly misleading “Lean” and “L-Glutamine” claims on the Protein Powder products. Defendant denies the Plaintiffs’ allegations and any wrongdoing.

The Proposed Settlement creates a $12 million settlement fund from which to pay Class Member claims and other costs and expenses related to the litigation and settlement as detailed below.

You are a Class Member if you purchased any of the following products (the “Products”) during the relevant time period:

• The Shake Class definition includes all persons in the United States (including its states, districts or territories) who purchased Defendant’s:
  • CytoSport Whey Isolate Protein Drink
  • Monster Milk: Protein Power Shake
  • Genuine Muscle Milk: Protein Nutrition Shake
  • Muscle Milk Pro Series 40: Mega Protein Shake
  from January 23, 2011 to May 5, 2020 (“Shake Class”). For individuals who purchased the products in Michigan, the starting date of the class period will be January 23, 2009.
• The Powder Class definition includes all persons in the United States (including its states, districts or territories) who purchased any of the following powder products that had the phrase “lean lipids,” “lean protein,” “lean muscle protein,” or “new leaner formula” on the label:
  • 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
  • Lean Muscle Mega Protein Powder
  • Monster Milk: Lean Muscle Protein Supplement
  • Muscle Milk Pro Series 50
  from January 23, 2011 to December 31, 2018 (“Powder Class”).

If you are eligible to participate in this Proposed Settlement because you purchased one or more of the Products in the United States, you can submit a claim for a cash payment from the Settlement Fund.

Please read the Notice carefully and in its entirety. Your rights may be affected by the Proposed Settlement of this Lawsuit, and you have a choice to make now about how to act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
WHAT IS THIS?	A Proposed Settlement has been reached in a class action lawsuit. The lawsuit alleges that Defendant made false and misleading statements about the protein and fat content of the Products in violation of state and federal laws. Defendant denies the allegations.
SUBMIT A CLAIM FORM BY SEPTEMBER 16, 2020	This is the only way to receive the benefit of a cash award. By participating in the Settlement, you may be entitled to a cash payment based on the number and type of Products you purchased and the number of claims made in this Settlement. However, by submitting a claim, or failing to exclude yourself from the Settlement, you will give up any rights to sue Defendant separately about the same legal claims in this lawsuit. Click here to submit a Claim Form online. Click here to download a Claim Form. Click here for more detail on what the Settlement provides Click here for more detail about the claim process.
EXCLUDE YOURSELF FROM THE CLASS BY SEPTEMBER 16, 2020	If you opt out of the Proposed Settlement, you will not be eligible to receive a cash award, but you will keep your right to sue Defendant about the same legal claims in this lawsuit. Click here to submit a request for exclusion online. Click here to download an Exclusion Request Form. Click here for more detail about excluding yourself from the class.
OBJECT OR COMMENT BY SEPTEMBER 16, 2020	You may write to the Court about why you do, or do not, like the Proposed Settlement. You must remain in the class to comment in support of or in opposition to the Proposed Settlement. Objections and comments must be filed with the Court and served on the Parties by September 16, 2020. Click here for more detail about objecting or commenting.
APPEAR IN THE LAWSUIT OR ATTEND A HEARING ON OCTOBER 19, 2020	You may ask to speak in Court about the fairness of the Proposed Settlement. Written notice of your intent to appear in the Lawsuit must be filed with the Court and served on the Parties by September 16, 2020. You may enter your appearance in Court through an attorney at your own expense if you so desire. Click here for more detail about appearing in this lawsuit. Click here for more detail about attending the final hearing.
DO NOTHING	If you do nothing, you will receive no cash award. You also give up your right to sue Defendant on your own regarding any claims that are part of the Proposed Settlement. Click here for more detail about doing nothing.

These rights and options, and the deadlines to exercise them, are further explained in the Notice, which can be viewed by clicking here.

The Court in charge of this case still has to decide whether to approve the Proposed Settlement. The cash awards will be made available if the Court approves the Proposed Settlement and after any appeals are resolved.

If you have any questions, contact Class Administrator by email at info@LeanProteinSettlement.com or calling toll-free 1-833-934-2606. Additionally, you can email Class Counsel at Protein@sommerspc.com.

PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.