November 2013: A federal judge preliminarily approved a settlement agreement that would resolve this lawsuit. According to its terms, class members may receive a $30 refund and, for a period of three years, the company agreed to stop using the phrases “Healthy, Sustained Energy” and “Healthy Fats” on labels unless certain conditions are met.
July 2011: A class-action lawsuit was filed against CytoSport for allegedly deceptively advertising its Muscle Milk as “nutritional” and a “healthy source of energy,” when, according to plaintiffs, the drink actually contains as much calories, fat, and sugar as junk food. (Delacruz et al v. CytoSport, Inc., Case No. 11-cv-3532, N. D. Cal.).