LOS ANGELES, April 6, 2012 /PRNewswire/ -- The following statement is being issued by Pearson, Simon, Warshaw & Penny, LLP, Whatley Drake & Kallas, LLC and Gibson, Dunn & Crutcher LLP regarding CytoSport.
Pearson, Simon, Warshaw & Penny, LLP, Whatley Drake & Kallas, LLC, and CytoSport jointly announce that the Los Angeles Superior Court has granted preliminary approval of a settlement resolving Proposition 65 and related legal claims brought against CytoSport. The plaintiffs in this lawsuit alleged 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, and plaintiffs did not contend that any consumer was physically harmed by CytoSport's products; rather, the lawsuit pertained to labeling requirements under California law. 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.
People who purchased a CytoSport product, including any Muscle Milk® or Monster Milk®, CytoMax®, and Mighty Milk® varieties in any form, including powder beverages, ready-to-drink beverages, bars or capsules, between June 4, 2006 and January 5, 2012, may be members of the proposed class unless they opt out before June 15, 2012. Qualifying households may file a claim to receive up to $20. A list of qualifying products and other details of the proposed settlement are available by calling (888) 313-1922 or online at www.CytoSportClassActionSettlement.com.
SOURCE Pearson, Simon, Warshaw & Penny, LLP; Whatley Drake & Kallas, LLC; Gibson, Dunn & Crutcher LLP