CytoSport
Encyclopedia
CytoSport is a Benicia, California
, manufacturer of sports-oriented nutritional products, or "supplements". It offers a line of protein
-enhanced powders, shakes, and bars has broken into the mainstream market with a ready-to-drink
form of protein supplement "Muscle Milk", a non-dairy
beverage which is trans-fat-free, lactose
-free, contain no high fructose corn syrup
and is shelf stable
. Muscle Milk mainly markets on taste by using familiar milkshake
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 alongside regular energy drink
s and sports drink
s.
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 150000 square feet (13,935.5 m²) manufacturing facility.
Its products are endorsed by baseball All Star Ryan Braun
,, Pro-Bowl Running Back Adrian Peterson, and by Mike Bottom
, the head coach of the University of Michigan
men’s swimming program and former co-head men's swimming coach at the University of California
.
TSG Consumer Partners
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.
Le Mans Prototype
LMP1 race car
and competed in five rounds of the American Le Mans Series
(ALMS) with Klaus Graf
as the second driver. For 2009 Cytosport purchased an ex-Dyson Racing Porsche RS Spyder
and took part in four races with a best result of second in class at Road America
.
CytoSport announced in February 2010 that it would contest the full 2010 ALMS
in a RS Spyder. It was also announced that Sascha Maassen
would join the regular drivers Klaus Graf
and Greg Pickett at the longer races at Sebring, Laguna Seca and Road Atlanta. The CytoSport RS Spyder won the LMP2 division at the 12 Hours of Sebring
and took their first outright victory at Northeast Grand Prix
at Lime Rock
.
Greg Pickett missed the remainder of the 2010 ALMS season due to a back injury sustained at Mid-Ohio race. The accident which happened during Thursday practice session meant that the CytoSport Porsche was unable to start the race. As replacements for the injury Pickett CytoSport were able to secure the services of Porsche works drivers Timo Bernhard
and Romain Dumas
both winners of the 2010 24 Hours of Le Mans
. Bernhard shared the car at Road America
where the pair finished second. Dumas partnering Graf at Mosport
went one better by winning a shortened race.
CytoSport finished the ALMS season second behind Patrón
Highcroft Racing
in the championship and Klaus Graf also finished second in the drivers standings.
For 2011, CytoSport will make the switch from Porsche to become an Aston Martin Racing
Official LMP1 Team Partner for the American Le Mans Series. The complete driver line-up has been confirmed with Lucas Luhr
and Klaus Graf
driving in all races and Greg Pickett joining them for the long distance races such as Petit Le Mans
.
, a US consumer advocacy magazine, found that two of Cytosport's Muscle Milk products contained levels of heavy metals near or exceeding levels proposed by the United States Pharmacopeia
(USP). Muscle Milk’s Chocolate powder had four heavy metals, 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
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.”
On June 8, 2009, it was reported that The National Advertising Division (NAD) of the Council of Better Business Bureau
s (BBB) was referring advertising claims made by CytoSport Beverage Co. for its Muscle Milk product to the U.S. Federal Trade Commission
and U.S. Food and Drug Administration for review. Under its National Advertising Review Council
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 is false and misleading, alleging consumers would be misled into thinking it is a supplemented milk product instead of a dietary supplement
. CytoSport said its product claims are truthful and non-misleading, and that the product name is a non-deceptive registered trademark
; it declined to participate in the NAD review, stating the review was unnecessary and inappropriate.
On May 6, 2009, in Sacramento, California
, a federal court issued a preliminary injunction
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
,” was deceptively similar to Muscle Milk’s packaging. The court held that “VPX has chosen an identical font
, in an identical color, on an identically shaped package, and placed the mark on the package in an identical location.”
Benicia, California
Benicia is a waterside city in Solano County, California, United States. It was the first city in California to be founded by Anglo-Americans, and served as the state capital for nearly thirteen months from 1853 to 1854. The population was 26,997 at the 2010 census. The city is located in the San...
, manufacturer of sports-oriented nutritional products, or "supplements". It offers a line of protein
Protein
Proteins are biochemical compounds consisting of one or more polypeptides typically folded into a globular or fibrous form, facilitating a biological function. A polypeptide is a single linear polymer chain of amino acids bonded together by peptide bonds between the carboxyl and amino groups of...
-enhanced powders, shakes, and bars has broken into the mainstream market with a ready-to-drink
Ready to drink
Ready to drink is a term used to describe a packaged beverages that is sold in a prepared form, ready for consumption.The term is typically used to contrast packaged forms of beverages that are also sold in forms that require preparation, for example iced tea and alcopops Ready to drink (often...
form of protein supplement "Muscle Milk", a non-dairy
Dairy
A dairy is a business enterprise established for the harvesting of animal milk—mostly from cows or goats, but also from buffalo, sheep, horses or camels —for human consumption. A dairy is typically located on a dedicated dairy farm or section of a multi-purpose farm that is concerned...
beverage which is trans-fat-free, lactose
Lactose
Lactose is a disaccharide sugar that is found most notably in milk and is formed from galactose and glucose. Lactose makes up around 2~8% of milk , although the amount varies among species and individuals. It is extracted from sweet or sour whey. The name comes from or , the Latin word for milk,...
-free, contain no high fructose corn syrup
High fructose corn syrup
High-fructose corn syrup — also called glucose-fructose syrup in the UK, glucose/fructose in Canada, and high-fructose maize syrup in other countries — comprises any of a group of corn syrups that has undergone enzymatic processing to convert some of its glucose into fructose to produce...
and is shelf stable
Shelf stable
Shelf stable food is food of a type that would normally be stored refrigerated but which has been processed so that it can be safely stored in a sealed container at room or ambient temperature for a usefully long shelf life...
. Muscle Milk mainly markets on taste by using familiar milkshake
Milkshake
A milkshake is a sweet, cold beverage which is made from milk, ice cream or iced milk, and flavorings or sweeteners such as fruit syrup or chocolate sauce....
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 alongside regular energy drink
Energy drink
Energy drinks are beverages whose producers advertise that they "boost energy." These advertisements usually do not emphasize energy derived from the sugar and caffeine they contain but rather increased energy release due to a variety of stimulants and vitamins....
s and sports drink
Sports drink
A sports drink beverage is designed to help athletes rehydrate when fluids are depleted after training or competition. Electrolyte replacement promotes proper rehydration, which is important in delaying the onset of fatigue during exercise...
s.
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 150000 square feet (13,935.5 m²) manufacturing facility.
Its products are endorsed by baseball All Star Ryan Braun
Ryan Braun
Ryan Joseph Braun is an American right-handed Major League Baseball left fielder for the Milwaukee Brewers. A perennial standout, he was ranked No...
,, Pro-Bowl Running Back Adrian Peterson, and by Mike Bottom
Mike Bottom
Mike Bottom is the ninth head coach in the 87-year history of the University of Michigan men’s swimming program and one of the world's most recognized swimming coaches...
, the head coach of the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
men’s swimming program and former co-head men's swimming coach at the University of California
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
.
TSG Consumer Partners
TSG Consumer Partners
TSG Consumer Partners is one of the largest and oldest private equity firms focused on growth capital investments in middle-market companies in the branded consumer products sector...
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.
Muscle Milk Team CytoSport
In 2007 Greg Pickett purchased a Lola B06/10Lola B06/10
The Lola B06/10 is a Le Mans Prototype developed by Lola Cars International for use in the LMP1 class of the American Le Mans Series, Le Mans Series, and 24 Hours of Le Mans. It was developed in 2006 as a replacement for the Lola B2K/10 as well as the MG-Lola EX257...
Le Mans Prototype
Le Mans Prototype
A Le Mans Prototype is a type of sports prototype race car most notably used in the 24 Hours of Le Mans, American Le Mans Series and Le Mans Series...
LMP1 race car
Auto racing
Auto racing is a motorsport involving the racing of cars for competition. It is one of the world's most watched televised sports.-The beginning of racing:...
and competed in five rounds of the American Le Mans Series
2007 American Le Mans Series season
The 2007 American Le Mans Series season was the 9th season for the IMSA American Le Mans Series. It was a series for Le Mans Prototypes and Grand Touring race cars divided into 4 classes: LMP1, LMP2, GT1, and GT2. It began March 17, 2007, and ended October 20, 2007 after 12 races...
(ALMS) with Klaus Graf
Klaus Graf
Klaus Graf is a German race car driver. He is the son of rally driver Peter Graf. He lived in the United States while competing in the American Le Mans Series, Trans-Am, and in certain NASCAR and ARCA races. He is considered a Road Course Ringer in the world of NASCAR.Graf has won championships...
as the second driver. For 2009 Cytosport purchased an ex-Dyson Racing Porsche RS Spyder
Porsche RS Spyder
The RS Spyder is a racing car designed by Porsche to compete in Le Mans Prototype Class 2 racing. The car takes its name from the legendary 550 Spyder of the 1950s...
and took part in four races with a best result of second in class at Road America
Road America
Road America is a road course located near Elkhart Lake, Wisconsin on Wisconsin Highway 67. It has hosted races since the 1950s and currently hosts races in the NASCAR Nationwide Series , American Le Mans , SCCA Speed World Challenge Series, ASRA, and AMA Superbike series.- Current track and...
.
CytoSport announced in February 2010 that it would contest the full 2010 ALMS
2010 American Le Mans Series season
The 2010 American Le Mans Series season was the twelfth season for the International Motor Sports Association's American Le Mans Series presented by Tequila Patrón. It was also the first season in which the ALMS used a revised structure for its four classes, as well as the first year in a three...
in a RS Spyder. It was also announced that Sascha Maassen
Sascha Maassen
Sascha Maassen, born September 28, 1969, in Aachen, Germany) is a veteran sports car driver. He is currently a Porsche factory driver, and drives the #6 Porsche RS Spyder for Penske Racing in the American Le Mans Series.-Early career:...
would join the regular drivers Klaus Graf
Klaus Graf
Klaus Graf is a German race car driver. He is the son of rally driver Peter Graf. He lived in the United States while competing in the American Le Mans Series, Trans-Am, and in certain NASCAR and ARCA races. He is considered a Road Course Ringer in the world of NASCAR.Graf has won championships...
and Greg Pickett at the longer races at Sebring, Laguna Seca and Road Atlanta. The CytoSport RS Spyder won the LMP2 division at the 12 Hours of Sebring
2010 12 Hours of Sebring
The 58th Mobil 1 12 Hours of Sebring presented by Fresh from Florida was the 2010 running of the 12 Hours of Sebring and the opening round of the 2010 American Le Mans Series season. It took place at the Sebring International Raceway, Sebring, Florida on March 20, 2010...
and took their first outright victory at Northeast Grand Prix
2010 Northeast Grand Prix
The 2010 American Le Mans Northeast Grand Prix was held at Lime Rock Park on July 24, 2010. It was the fifth round of the 2010 American Le Mans Series season.-Qualifying:The qualifying session saw David Brabham give Highcroft Racing another overall pole...
at Lime Rock
Lime Rock Park
Lime Rock Park is a natural-terrain motorsport road racing venue located in Lime Rock, Connecticut, United States, a hamlet in the village of Lakeville, Connecticut, in the state’s northwest corner...
.
Greg Pickett missed the remainder of the 2010 ALMS season due to a back injury sustained at Mid-Ohio race. The accident which happened during Thursday practice session meant that the CytoSport Porsche was unable to start the race. As replacements for the injury Pickett CytoSport were able to secure the services of Porsche works drivers Timo Bernhard
Timo Bernhard
Timo Bernhard is a sports car racer. He is currently a Porsche factory driver, but has been seconded to Audi for selected events in 2009 and 2010...
and Romain Dumas
Romain Dumas
Romain Dumas is a French racing driver.Dumas started karting in 1992, in 1996 he competed in the French Formula Renault Championship. In 1998, he joined the French Formula 3 Championship....
both winners of the 2010 24 Hours of Le Mans
2010 24 Hours of Le Mans
The 2010 24 Hours of Le Mans was the 78th running of the 24 Hours of Le Mans, also known as the Grand Prix of Endurance. The race took place on 12–13 June 2010 at the Circuit de la Sarthe, Le Mans, France, and was organised by the Automobile Club de l'Ouest . Fifty-six cars participated in the...
. Bernhard shared the car at Road America
2010 American Le Mans Series powered by eStar
The 2010 American Le Mans Series powered by eStar was the seventh round of the 2010 American Le Mans Series season. It took place at Road America on August 22, 2010.-Qualifying result:Pole position winners in each class are marked in bold....
where the pair finished second. Dumas partnering Graf at Mosport
2010 Grand Prix of Mosport
The 2010 Grand Prix of Mosport presented by Mobil 1 is the penultimate round of the 2010 American Le Mans Series season. It will take place at Mosport International Raceway on August 29, 2010. The race marks the 100th ALMS race that David Brabham has competed in. As a result, the Patrón Highcroft...
went one better by winning a shortened race.
CytoSport finished the ALMS season second behind Patrón
Patrón
Patrón is a luxury brand of tequila produced in Mexico and sold in hand-blown, individually numbered bottles.Made entirely from Blue Agave "piñas" , Patrón comes in five varieties: Silver, Añejo, Reposado, Gran Patrón Platinum and Gran Patrón Burdeos. Patrón also sells a tequila-coffee blend known...
Highcroft Racing
Highcroft Racing
Highcroft Racing is an American auto racing team based out of Danbury, Connecticut and founded by driver Duncan Dayton in 1989. Initially founded for Dayton's involvement in historic motorsport, specifically the restoration and preparation of classic automobiles, the team was expanded for Dayton's...
in the championship and Klaus Graf also finished second in the drivers standings.
For 2011, CytoSport will make the switch from Porsche to become an Aston Martin Racing
Aston Martin Racing
Aston Martin Racing is an auto racing team established in 2004 as a partnership between automobile manufacturer Aston Martin and engineering group Prodrive. The partnership was initially created for the purpose of returning Aston Martin to sports car racing with the DBR9, a heavily modified...
Official LMP1 Team Partner for the American Le Mans Series. The complete driver line-up has been confirmed with Lucas Luhr
Lucas Luhr
Lucas Luhr is a German race car driver, currently contracted by Audi.-Early career:Luhr began his career in karts in 1989. Throughout the early 1990s, he won several local and national karting trophies...
and Klaus Graf
Klaus Graf
Klaus Graf is a German race car driver. He is the son of rally driver Peter Graf. He lived in the United States while competing in the American Le Mans Series, Trans-Am, and in certain NASCAR and ARCA races. He is considered a Road Course Ringer in the world of NASCAR.Graf has won championships...
driving in all races and Greg Pickett joining them for the long distance races such as Petit Le Mans
Petit Le Mans
The Petit Le Mans is a sports car endurance race held annually at Road Atlanta in Braselton, Georgia, USA. It uses the rules established for the 24 hours of Le Mans by the Automobile Club de l'Ouest , which are slightly modified if necessary, mainly to allow additional cars to compete.The race was...
.
Controversy
A June 2010 investigation by Consumer ReportsConsumer Reports
Consumer Reports is an American magazine published monthly by Consumers Union since 1936. It publishes reviews and comparisons of consumer products and services based on reporting and results from its in-house testing laboratory. It also publishes cleaning and general buying guides...
, a US consumer advocacy magazine, found that two of Cytosport's Muscle Milk products contained levels of heavy metals near or exceeding levels proposed by the United States Pharmacopeia
United States Pharmacopeia
The United States Pharmacopeia is the official pharmacopeia of the United States, published dually with the National Formulary as the USP-NF. The United States Pharmacopeial Convention is the nonprofit organization that owns the trademark and copyright to the USP-NF and publishes it every year...
(USP). Muscle Milk’s Chocolate powder had four heavy metals, and three of these metals were found to be at the highest levels of all the health drinks tested. Average cadmium
Cadmium
Cadmium is a chemical element with the symbol Cd and atomic number 48. This soft, bluish-white metal is chemically similar to the two other stable metals in group 12, zinc and mercury. Similar to zinc, it prefers oxidation state +2 in most of its compounds and similar to mercury it shows a low...
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
Arsenic
Arsenic is a chemical element with the symbol As, atomic number 33 and relative atomic mass 74.92. Arsenic occurs in many minerals, usually in conjunction with sulfur and metals, and also as a pure elemental crystal. It was first documented by Albertus Magnus in 1250.Arsenic is a metalloid...
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
Lead is a main-group element in the carbon group with the symbol Pb and atomic number 82. Lead is a soft, malleable poor metal. It is also counted as one of the heavy metals. Metallic lead has a bluish-white color after being freshly cut, but it soon tarnishes to a dull grayish color when exposed...
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.”
On June 8, 2009, it was reported that The National Advertising Division (NAD) of the Council of Better Business Bureau
Better Business Bureau
The Better Business Bureau , founded in 1912, is a corporation consisting of several private business franchises of local BBB organizations based in the United States and Canada, which work through their parent corporation, the Council of Better Business Bureaus .The Better Business Bureau, through...
s (BBB) was referring advertising claims made by CytoSport Beverage Co. for its Muscle Milk product to the U.S. Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
and U.S. Food and Drug Administration for review. Under its National Advertising Review Council
National Advertising Review Council
The National Advertising Review Council is the American advertising industry's self-regulatory body. NARC was established in 1971 by the American Advertising Federation , the American Association of Advertising Agencies , the Association of National Advertisers and the Council of Better Business...
terms, NAD had asked Cytosport to substantiate certain claims following a challenge to its advertising filed by Nestle
Nestlé
Nestlé S.A. is the world's largest food and nutrition company. Founded and headquartered in Vevey, Switzerland, Nestlé originated in a 1905 merger of the Anglo-Swiss Milk Company, established in 1867 by brothers George Page and Charles Page, and Farine Lactée Henri Nestlé, founded in 1866 by Henri...
USA. Nestle said the marketing of Muscle Milk is false and misleading, alleging consumers would be misled into thinking it is a supplemented milk product instead of a dietary supplement
Dietary supplement
A dietary supplement, also known as food supplement or nutritional supplement, is a preparation intended to supplement the diet and provide nutrients, such as vitamins, minerals, fiber, fatty acids, or amino acids, that may be missing or may not be consumed in sufficient quantities in a person's diet...
. CytoSport said its product claims are truthful and non-misleading, and that the product name is a non-deceptive registered trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
; it declined to participate in the NAD review, stating the review was unnecessary and inappropriate.
On May 6, 2009, in Sacramento, California
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...
, a federal court issued a preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
requiring Vital Pharmaceuticals
Vital Pharmaceuticals
Vital Pharmaceuticals , which distributes sports supplements under the brand name VPX, is a sports nutrition corporation located in Florida, United States. Its market consists principally of bodybuilders and other fitness enthusiasts...
, 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
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers...
,” was deceptively similar to Muscle Milk’s packaging. The court held that “VPX has chosen an identical font
Font
In typography, a font is traditionally defined as a quantity of sorts composing a complete character set of a single size and style of a particular typeface...
, in an identical color, on an identically shaped package, and placed the mark on the package in an identical location.”