Three consumers filed a class-action suit against a sports drink manufacturer on Jan. 23 alleging misleading marketing in regard to their product labeling.
Chayla Clay, Erica Ehrlichman and Logan Reichert filed the suit against Cytosport, of Benicia, California, for alleged misrepresentation of ingredients and deceptive language used in labeling for Muscle Milk and other branded powdered drink products.
The plaintiffs alleged that the drink mix contains perceived unhealthy ingredients such as those with high levels of fats, oils and fillers; and that it doesn't contain L-Glutamine, an amino acid that aids in muscle recovery and benefits the immune system, as advertised.
The plaintiffs seek injunctive relief and actual, punitive and statutory damages.
The plaintiffs and class are represented by Jeffrey R. Krinsk, Mark L. Knutson, Trenton R. Kashima, William R. Restis, of Finkelstein & Krinsk, LLP, in San Diego, California; Nick Suciu III, of Barbgat, Mansour & Suciu PLLC, in Detroit, Michgan; Lance C. Young, of Sommers Schwartz P.C., in Southfield, Michigan; and Sarah W. Colegrove, of Briggs Colegrove P.C., in Detroit, Michigan.
United States District Court for the Southern District of California case No. 3:15-cv-00165-L-DHB