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Highly limited "healthy fats" claim survives dismissal

2 years agoIndustries / Law : 43(B)log

Delacruz v. Cytosport, Inc., 2012 WL 1215243 (N.D. Cal.) Delacruz filed a putative class action under the usual California laws based on claims about Muscle Milk Ready-to-Drink and Bars. Though Cytosport allegedly represents the products to be healthy and nutritious (e.g., “there's no question you're getting a nutritious snack,” and the products “take[ ] the guess work out of high performance nutrition”), almost 50% of their calories come from fat, basically equivalent to a Krispy Kreme doughnut.
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Mathematically impossible claims aren't literally false

Industries / Law : 43(B)log (2 years ago)

CytoSport, Inc. v. Vital Pharmaceuticals, Inc., 2012 WL 3881599 (E.D. Cal.) Defendant VPX released Muscle Power, a protein shake, and CytoSport sued for infringement of its Muscle Milk mark and trade dress (including layout and font... Read Post

Filtered honey is honey despite Cal. law to the contrary

Industries / Law : 43(B)log (2 years ago)

Brod v. Sioux Honey Ass'n Co-op., 2012 WL 3987516 (N.D. Cal.) Brod filed a putative class action against Sioux for the usual California claims, alleging that it violated California law by marketing its “Sue Bee Clover Honey” as “Hon... Read Post

alleged violation of FDA regs on "healthy" allows claim to survive

Industries / Law : 43(B)log (2 years ago)

Delacruz v. Cytosport, Inc., 2012 WL 2563857 (N.D. Cal.) Delacruz brought a putative class action based on Cytosport’s Muscle Milk drink and bars, with the usual California claims. Previously, the court found that the “Healthy, Sust... Read Post


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