Post Profile






Highly limited "healthy fats" claim survives dismissal

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.
read more

share

Related Posts


Lifewater "all natural" claim not deceptive, other challenges preempted

Industries / Law : 43(B)log

Hairston v. South Beach Beverage Co., Inc., 2012 WL 1893818 (C.D. Cal.) Hairston brought a putative class action asserting the usual California false advertising and warranty claims based on SoBe’s sales of Lifewater, no-calorie, vi...

Distrust that particular flavor: standing challenge fails

Industries / Law : 43(B)log

Anderson v. Jamba Juice Co., --- F. Supp. 2d ----, 2012 WL 3642835 (N.D. Cal.) Anderson filed a putative class action asserting the usual California claims, plus Magnuson-Moss Warranty Act claims, based on Jamba Juice’s allegedly fa...

Mathematically impossible claims aren't literally false

Industries / Law : 43(B)log

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...

Filtered honey is honey despite Cal. law to the contrary

Industries / Law : 43(B)log

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...

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

Industries / Law : 43(B)log

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...

Comments



Copyright © 2015 Regator, LLC