Important Update: Final Approval Granted
The Court issued its Amended Judgment and Order Granting Final Approval to Class Settlement on January 15, 2014. An appeal had been filed. The appeal was dismissed by the California Court of Appeals on September 15, 2014.
Overview Of The Proposed Settlement
Farbod Nasseri v. CytoSport, Inc., Case No. BC439181
A lawsuit is pending in the Los Angeles Superior Court that may affect your rights. The plaintiffs in this lawsuit claim that that CytoSport did not adequately inform consumers that certain products, including Muscle Milk® and Monster Milk®, allegedly contained lead, cadmium, and/or arsenic. CytoSport vigorously denies these claims, responding that trace amounts of metals are found in the environment and in many agricultural products, and that the products are safe, as confirmed by independent testing by accredited third parties. Plaintiffs’ Complaint does not allege that CytoSport violated the Food, Drug and Cosmetics Act. The Court did not rule in favor of plaintiffs or CytoSport. Instead, the parties agreed to a settlement to avoid the expense and risks of continuing the lawsuits.
What Are My Options?
- SUBMIT A CLAIM FORM. This is the only way to get a payment. All Claim Forms must have been postmarked by May 4, 2013. You do not need to submit a Claim Form if you have done so already.
- EXCLUDE YOURSELF. If you excluded yourself from the proposed settlement, you will not receive any of the settlement benefits and you will maintain the right to file another lawsuit about the legal claims in this case. All exclusion requests must have been postmarked by May 4, 2013.
- OBJECT TO THE SETTLEMENT. You could write to the Court about why you don’t like this settlement. All objections must have been delivered to Class Counsel and CytoSport’s Counsel identified in the Notice, and filed with the Court, by May 4, 2013. Even if you objected to the settlement, you still must have submitted a valid Claim Form by May 4, 2013 in order to get a payment.
- DO NOTHING. If you did nothing, you gave up your rights to file a lawsuit about the legal claims in this case and you will not receive a payment.
Please consult the Notice for more details on your options.
Final Settlement Hearing
The Court issued its Amended Judgment and Order Granting Final Approval to Class Settlement on January 15, 2014. However, an appeal has been filed. Before any settlement benefits can be issued, the appeal must be resolved. This website will keep you informed of the progress of the Settlement.