Facts

Plaintiffs Chayla Clay, Erica Ehrlichman, Logan Reichert, and Chris Roman, filed a putative class action lawsuit against defendant Cytosport, inc., which manufactured and marketed Muscle Milk branded protein shakes sold in powder and liquid forms. Plaintiffs asserted causes of action for violations of California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act as well as Florida's Unfair and Deceptive Trade Practices Act and Michigan's Consumer Protection Act.

PLAINTIFFS' CONTENTIONS: Plaintiffs asserted that Defendant misrepresented the amount of lean protein and lean lipids contained in the product. Plaintiffs asserted that Defendant's misleading advertisements and product labeling violated California, Florida, and Michigan consumer protection statutes, state warranty laws, and the federal Magnuson-Moss Warranty Act.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiffs' contentions and moved for summary judgment.

Result

Defendant agreed to pay $12 million to settle the case.

Other Information

The court had granted Defendant's summary judgment motion with respect to Plaintiff's claims for breach of express warranty, violation of the Magnuson-Moss Warranty Act, and violation of some provisions of the Michigan Consumer Protection Act. The court had also certified a nationwide class for violations of California Unfair Competition and False Advertising laws as to certain products, as well as California, Florida and Michigan subclasses for violations of their respective consumer protections laws.