Sommers Schwartz Wins $12 Million Settlement Over Muscle Milk Protein Mislabeling

For years, consumers who bought Muscle Milk protein shakes and powders made purchasing decisions based on the nutrient information printed on the label. Cytosport, Inc., the company behind the brand, advertised specific protein counts and promoted certain powder products as 'lean.' According to the complaint filed in 2015, those representations did not match the actual contents of the products.

The core protein claim involved Cytosport Whey Isolate ready-to-drink shakes. Labels stated each bottle contained 32 grams of protein. Testing commissioned by plaintiffs found the actual protein content was approximately 27.3 grams per bottle, a shortfall of more than 14 percent. On the powder side, the class alleged that 'lean' labeling was misleading because the fat content in those products was roughly comparable to competing brands that made no such claim. Plaintiffs also alleged that L-Glutamine listed as an ingredient in some powder products could not be detected in any meaningful amount.

Sommers Schwartz attorneys Trenton R. Kashima and Jason J. Thompson led the litigation alongside co-counsel Jeffrey R. Krinsk of Finkelstein and Krinsk LLP and Nick Suciu III of Barbat Mansour and Suciu PLLC. The case, styled Clay et al. v. Cytosport, Inc., Case No. 3:15-cv-00165, moved through U.S. District Court in San Diego under Judge M. James Lorenz. Counsel pursued class certification over Cytosport's objections, obtained partial certification, and pressed the case through years of contested litigation before reaching a resolution.

The parties agreed to a $12 million settlement fund in 2020. Judge Lorenz granted final approval on October 29, 2020. Class members with proof of purchase could claim $1 per shake, $3 per smaller powder, and $5 per larger powder, with no cap on total recovery. Those without receipts could collect up to $25. The court approved attorney fees of approximately $3.9 million. As a non-monetary condition of the settlement, Cytosport agreed to remove the word 'lean' from the labeling on its protein powder products going forward.