Putative Class Claims Fraud in Muscle Milk® Advertising

A California woman has filed a putative nationwide class action against the
company that makes Muscle Milk® beverages and protein bars, alleging
that promotions touting the products as “high performance” and “nutritious
snacks” are false and misleading because they contain as much fat and calories
as Krispy Kreme® doughnuts. Delacruz v. Cytosport, Inc., No. 11-3532 (N.D. Cal., filed July 18, 2011). The company apparently markets the products as “a ‘meal replacement’ to provide ‘healthy sustained energy’” and allegedly “suggests that these fat-filled Products will help people lose weight, telling consumers, among other things, that the Products will help people ‘Go from cover it up to take it off.’”

According to the complaint, the named plaintiff purchased the products for
six months and consumed them “before workouts, after workouts, in between
meals as a snack, and sometimes as a meal replacement.” She contends that
she did so in reliance on the company’s product representations, believing
“the Products to be healthy, nutritious foods that she could eat to help her
live an active lifestyle, meet her nutritional goals, and lose weight.” Seeking
to certify a class of all U.S. residents who purchased the products since 2007, the plaintiff alleges violations of the Consumers Legal Remedies Act, Unfair Business Practices Act and False Advertising Law; fraud; negligent misrepresentation; and unjust enrichment. She requests compensatory and punitive damages, restitution and disgorgement, declaratory and injunctive relief, corrective advertising, interest, attorney’s fees, and costs.