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CytoSport is an American manufacturer of sports-oriented
nutritional Nutrition is the biochemical and physiological process by which an organism uses food to support its life. It provides organisms with nutrients, which can be metabolized to create energy and chemical structures. Failure to obtain sufficient nu ...
products, or "supplements" based in
Benicia Benicia ( , ) is a waterside city in Solano County, California, located in the North Bay region of the San Francisco Bay Area. It served as the capital of California for nearly thirteen months from 1853 to 1854. The population was 26,997 at the ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
. It offers a line of
protein Proteins are large biomolecules and macromolecules that comprise one or more long chains of amino acid residues. Proteins perform a vast array of functions within organisms, including catalysing metabolic reactions, DNA replication, respo ...
-enhanced powders, shakes, and bars, and has broken into the mainstream market with a
ready-to-drink Ready to drink (often known as RTD) packaged beverages are those sold in a prepared form, ready for consumption. Examples include iced tea (prepared using tea leaves and fruit juice) and alcopops (prepared by mixing alcoholic beverages with fruit ...
form of
protein supplement A protein supplement may be a dietary supplement or a bodybuilding supplement, and may take the form of a protein bar. Effects Muscle building as GURJAR In untrained individuals, changes in lean body mass and muscle strength during the initial ...
Muscle Milk, a non-
dairy A dairy is a business enterprise established for the harvesting or processing (or both) of animal milk – mostly from cows or buffaloes, but also from goats, sheep, horses, or camels – for human consumption. A dairy is typically located on ...
beverage which is
trans-fat Trans fat, also called trans-unsaturated fatty acids, or trans fatty acids, is a type of unsaturated fat that naturally occurs in small amounts in meat and milk fat. It became widely produced as an unintentional byproduct in the industrial pr ...
- and
lactose Lactose is a disaccharide sugar synthesized by galactose and glucose subunits and has the molecular formula C12H22O11. Lactose makes up around 2–8% of milk (by mass). The name comes from ' (gen. '), the Latin word for milk, plus the suffix '' - ...
-free, contains no
high fructose corn syrup High-fructose corn syrup (HFCS), also known as glucose–fructose, isoglucose and glucose–fructose syrup, is a sweetener made from corn starch. As in the production of conventional corn syrup, the starch is broken down into glucose by enzym ...
and is
shelf stable Shelf-stable food (sometimes ambient food) is food of a type that can be safely stored at room temperature in a sealed container. This includes foods that would normally be stored refrigerated but which have been processed so that they can be s ...
. Muscle Milk mainly markets on taste by using familiar
milkshake A milkshake (sometimes simply called a shake) is a sweet beverage made by blending milk, ice cream, and flavorings or sweeteners such as butterscotch, caramel sauce, chocolate syrup, fruit syrup, or whole fruit into a thick, sweet, cold mixture ...
flavors such as banana, milk chocolate and vanilla to drive consumers to the product, along with multiple drink sizes and formats, including powders and being sold in
convenience stores A convenience store, convenience shop, corner store or corner shop is a small retail business that stocks a range of everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, ice creams, tobacco products, lottery ticket ...
alongside regular energy drinks and
sports drink Sports drinks, also known as electrolyte drinks, are functional beverages whose stated purpose is to help Sportsperson, athletes replace water, electrolytes, and energy before, during and especially after training or competition. There are many ...
s. In Canada, the product is branded as ''Muscle Mlk'', a modification required in Canada to avoid confusion with
milk Milk is a white liquid food produced by the mammary glands of mammals. It is the primary source of nutrition for young mammals (including breastfed human infants) before they are able to digestion, digest solid food. Immune factors and immune ...
.


History

CytoSport was founded in 1998 by the father/son team of Greg and Mike Pickett. It produces its powder products and pre-blends of ready-to-drink products at a manufacturing facility. Its products are endorsed by
running back A running back (RB) is a member of the offensive backfield in gridiron football. The primary roles of a running back are to receive American football plays#Offensive terminology, handoffs from the quarterback to Rush (American football)#Offen ...
Adrian Peterson Adrian Lewis Peterson (born March 21, 1985) is an American football running back who is a free agent. He is widely considered to be one of the greatest running backs in football history. He played college football at Oklahoma, where he set the ...
and by college swimming coach
Mike Bottom Mike Bottom (c. 1956) is the ninth head coach of the Michigan Wolverines swimming and diving program at the University of Michigan. His men's team finished as champions at the 2013 NCAA Division I Swimming and Diving Championships. Swimming car ...
.
TSG Consumer Partners TSG Consumer Partners is an American private equity company based in San Francisco, California. The firm was founded in 1987, and was among the first private equity firms to invest exclusively in consumer companies.
has financed Cytosport. The company reportedly earned US$200 million in 2008, and received the Small Company of the Year Award at the 16th annual Beverage Forum presented by ''Beverage World'' magazine and Beverage Marketing Corporation.
Hormel Hormel Foods Corporation is an American food processing company founded in 1891 in Austin, Minnesota, by George A. Hormel as George A. Hormel & Company. The company originally focused on the packaging and selling of ham, sausage and other pork, ...
announced it was acquiring CytoSport for $450 million in 2014. In February 2019, Hormel announced it was selling the CytoSport business to PepsiCo, Inc. for a purchase price of $465 million. The transaction included the Muscle Milk and Evolve sports nutrition brands and was completed in April 2019.


Controversy

A June 2010 investigation by ''
Consumer Reports Consumer Reports (CR), formerly Consumers Union (CU), is an American nonprofit consumer organization dedicated to independent product testing, investigative journalism, consumer-oriented research, public education, and consumer advocacy. Founded ...
'', a US consumer advocacy magazine, found that two of Cytosport's Muscle Milk products contained levels of
heavy metals upright=1.2, Crystals of osmium, a heavy metal nearly twice as dense as lead">lead.html" ;"title="osmium, a heavy metal nearly twice as dense as lead">osmium, a heavy metal nearly twice as dense as lead Heavy metals are generally defined as ...
near or exceeding levels proposed by the
United States Pharmacopeia The ''United States Pharmacopeia'' (''USP'') is a pharmacopeia (compendium of drug information) for the United States published annually by the United States Pharmacopeial Convention (usually also called the USP), a nonprofit organization that ...
(USP). Muscle Milk's Chocolate powder had four heavy metals —
cadmium Cadmium is a chemical element with the symbol Cd and atomic number 48. This soft, silvery-white metal is chemically similar to the two other stable metals in group 12, zinc and mercury. Like zinc, it demonstrates oxidation state +2 in most of ...
,
lead Lead is a chemical element with the symbol Pb (from the Latin ) and atomic number 82. It is a heavy metal that is denser than most common materials. Lead is soft and malleable, and also has a relatively low melting point. When freshly cu ...
,
arsenic Arsenic is a chemical element with the symbol As and atomic number 33. Arsenic occurs in many minerals, usually in combination with sulfur and metals, but also as a pure elemental crystal. Arsenic is a metalloid. It has various allotropes, but ...
, and
mercury Mercury commonly refers to: * Mercury (planet), the nearest planet to the Sun * Mercury (element), a metallic chemical element with the symbol Hg * Mercury (mythology), a Roman god Mercury or The Mercury may also refer to: Companies * Merc ...
— and three of these metals were found to be at the highest levels of all the health drinks tested. Average cadmium levels of 5.6 µg in three daily servings exceeded the USP limit of 5 µg per day, and the average lead level of 13.5 µg also topped the USP limit of 10 µg per day. The average arsenic level of 12.2 µg was near the USP limit of 15 µg per day. Muscle Milk's Vanilla Crème powder had 12.2 µg of
lead Lead is a chemical element with the symbol Pb (from the Latin ) and atomic number 82. It is a heavy metal that is denser than most common materials. Lead is soft and malleable, and also has a relatively low melting point. When freshly cu ...
in three daily servings, exceeding the lead limits, and 11.2 µg of arsenic. In response, CytoSport said, "Importantly, the tests underscored the fact that Muscle Milk Chocolate liquid shakes, by far and away our company's most popular consumer form of Muscle Milk, did not exceed the proposed maximum levels of any heavy metals tested, even when used three times per day." CytoSport's founder, Greg Pickett, also indicated that
NSF International NSF (an initialism for National Sanitation Foundation) is a product testing, inspection, certification organization with headquarters in Ann Arbor, Michigan. NSF also offers consulting and training services worldwide. History NSF Internatio ...
released a conclusion that its own test results 'do not reflect the concentrations stated in the Consumer Reports article.'" In turn, ''Consumer Reports'' provided their rebuttal, defending their statements. On June 8, 2009, it was reported that The National Advertising Division (NAD) of the Council of
Better Business Bureau Better Business Bureau (BBB) is a private, 501(c)(6) nonprofit organization founded in 1912. BBB's self-described mission is to focus on advancing marketplace trust, consisting of 97 independently incorporated local BBB organizations in the Unit ...
s (BBB) was referring advertising claims made by CytoSport Beverage Co. for its Muscle Milk product to the U.S.
Federal Trade Commission The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction ov ...
and
U.S. Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food s ...
for review. Under its
National Advertising Review Council BBB National Programs, an independent non-profit organization, oversees more than a dozen national industry self-regulation programs that provide third-party accountability and dispute resolution services to companies, outside and in-house counsel, ...
terms, NAD had asked Cytosport to substantiate certain claims following a challenge to its advertising filed by Nestle USA. Nestle said the marketing of Muscle Milk was false and misleading, alleging consumers would be misled into thinking it is a supplemented milk product instead of a
dietary supplement A dietary supplement is a manufactured product intended to supplement one's diet by taking a pill, capsule, tablet, powder, or liquid. A supplement can provide nutrients either extracted from food sources or that are synthetic in order ...
. CytoSport said its product claims are truthful and non-misleading, and that the product name is a non-deceptive registered
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
; it declined to participate in the NAD review, stating the review was unnecessary and inappropriate. On May 6, 2009, in
Sacramento, California ) , image_map = Sacramento County California Incorporated and Unincorporated areas Sacramento Highlighted.svg , mapsize = 250x200px , map_caption = Location within Sacramento C ...
, a federal court issued a
preliminary injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
requiring Vital Pharmaceuticals, Inc. (VPX) to immediately remove Muscle Power from the marketplace, after concluding that the product infringes on CytoSport's trademark rights of Muscle Milk. This was prompted after CytoSport filed a lawsuit against VPX, stating that Muscle Power's packaging, or "
trade dress Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intelle ...
", was deceptively similar to Muscle Milk's packaging. The court held that "VPX has chosen an identical
font In metal typesetting, a font is a particular size, weight and style of a typeface. Each font is a matched set of type, with a piece (a "sort") for each glyph. A typeface consists of a range of such fonts that shared an overall design. In mod ...
, in an identical color, on an identically shaped package, and placed the mark on the package in an identical location."


Muscle Milk Pickett Racing

Muscle Milk owner and founder, Greg Pickett, has also been involved in a championship winning North American sports car racing team. Founded in 2007, Pickett's team has competed in the
American Le Mans Series The American Le Mans Series (ALMS) was a sports car racing series based in the United States and Canada. It consisted of a series of endurance and sprint races, and was created in the spirit of the 24 Hours of Le Mans. The American Le Mans' hea ...
the
24 Hours of Le Mans The 24 Hours of Le Mans (french: link=no, 24 Heures du Mans) is an endurance-focused Sports car racing, sports car race held annually near the town of Le Mans, France. It is the world's oldest active Endurance racing (motorsport), endurance r ...
and Tudor
United SportsCar Championship The IMSA SportsCar Championship, currently known as the IMSA WeatherTech SportsCar Championship under sponsorship, is a sports car racing series based in the United States and Canada and organized by the International Motor Sports Association (IMS ...
. The team's successes include overall and class victories as well as the
2012 File:2012 Events Collage V3.png, From left, clockwise: The passenger cruise ship Costa Concordia lies capsized after the Costa Concordia disaster; Damage to Casino Pier in Seaside Heights, New Jersey as a result of Hurricane Sandy; People gather ...
and
2013 File:2013 Events Collage V2.png, From left, clockwise: Edward Snowden becomes internationally famous for leaking classified NSA wiretapping information; Typhoon Haiyan kills over 6,000 in the Philippines and Southeast Asia; The Dhaka garment fact ...
American Le Mans Series The American Le Mans Series (ALMS) was a sports car racing series based in the United States and Canada. It consisted of a series of endurance and sprint races, and was created in the spirit of the 24 Hours of Le Mans. The American Le Mans' hea ...
LMP1 A Le Mans Prototype (LMP) is the type of sports prototype race car used in the 24 Hours of Le Mans, FIA World Endurance Championship, IMSA SportsCar Championship, European Le Mans Series and Asian Le Mans Series. Le Mans Prototypes were create ...
Drivers' and Teams' Championship. The team officially closed operations on May 16th, 2014 with Greg Pickett focusing his attention back on the expansion of his Muscle Milk brand.


References


External links


Official Page
{{Hormel Benicia, California Companies based in Solano County, California Hormel Foods Sports nutrition