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Class of Muscle Milk Consumers Wins Partial Certification In Misleading Label Case

On September 7, 2018, California federal District Court Judge M. James Lorenz granted partial certification to a nationwide class and subclasses of Muscle Milk purchasers in California, Florida, and Michigan who alleged the product's label exaggerates the nutritional benefit of the protein supplement.

Plaintiffs claimed the Muscle Milk "ready-to-drink" protein shakes overstate the amount of protein they contain, and are deceptively labeled as "lean" or "lean lipid," despite being the same as other similar products on the market not advertised as such.

Judge Lorenz ruled that the plaintiffs met the necessary certification requirements under California's Unfair Competition Law and False Advertising Law, and that while Muscle Milk is sold across the country, jurisdiction was appropriate because all the alleged misconduct occurred in California.

According to Judge Lorenz's decision, "[t]he fact that some products were purchased in one state rather than another should be immaterial to the choice of law under the facts of the present case, because the alleged misconduct occurred entirely in California. Defendant points to no state with a greater interest in enforcing its laws under the facts of this case."

Plaintiffs declared they were "very happy with the decision. It's an extremely detailed opinion. The judge did a fantastic job addressing all the labeling claims, the statutes and requested class periods. We're thrilled to be able to go forward on behalf of the consumer class."

The legal team at Shepherd, Finkelman, Miller & Shah, LLP ("SFMS") has significant experience litigating class action and consumer protection matters. If you have any questions regarding this subject or this posting, please contact Nick Lussier ([email protected]) or Chiharu Sekino ([email protected]). We can also be reached toll-free at (866) 540-5505.

SFMS is a nationwide law firm with offices in California, Connecticut, Florida, New Jersey, New York, and Pennsylvania. SFMS is an active member of Integrated Advisory Group (www.iaginternational.org), which provides us with the ability to provide our clients with access to excellent legal and accounting resources throughout the globe. For more information about SFMS, please visit us at www.sfmslaw.com.

Sources

Lidgett, Adam. "Muscle Milk Buyers Get Partial Cert. In Nutrition Labeling Row." Law 360. Last modified on September 10, 2018.

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