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
On June 13, 2013 at 10:00 a.m. the Court will hold a public hearing in Department 310 of the Superior Court of the State of California for the County of Los Angeles, 600 S. Commonwealth Avenue, Los Angeles, California 90005, for the purposes of determining whether the Class is properly certified for settlement purposes, whether the proposed settlement is fair, adequate and reasonable and should be approved, and whether to approve Class Counsel’s application for attorneys' fees and expenses. This hearing may be postponed or rescheduled by the Court without further notice. Class Members who support the proposed settlement do not need to appear at the hearing and do not need to take any other action to indicate their approval. Class Members who objected to the proposed settlement are not required to attend the Settlement Hearing. If you wanted to speak in opposition to the settlement, either personally or through counsel, you must have indicated your intention to appear at the Settlement Hearing in your written objection.