Nestle Versus Cytosport Muscle Milk

Posted on 16 Oct 2009 21:38

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The greed out there is overwhelming.

You know Nestle; who doesn't right? They are hyuuuuuuge. And they are really into milk. I know I just loves me some Carnation evaporated milk in my coffee. They have a whole bunch of milk-based products marketed under the brands Nesquik and Carnation.

What's that, you don't think Nestle is such a huge deal? Well, when I was in Turkey I drank a lot of coffee. Because I always drink a lot of coffee. Now, Turkish coffee is a VERY strong sludgy espresso like kind of thing…served in little shot glasses with the grind at the bottom. It's good but I preferred regular "Americanized" coffee. In order to order coffee and not get Turkish coffee I had to order "Nescafe". Which meant I would get regular coffee like you'd get in any diner. It wasn't actually Nescafe that's just what they called all such coffee. Just like when you say get me a Coke I might ask, "what kind"? You get it? That is how big a deal Nestle is.

Well, I'll just bet you know what Muscle Milk is too. It's marketed by Cytosport and probably the biggest "protein powder" around. Well, Nestle is all up in Cytosport's stuff about their right to use the word "milk" in their product's name.

Talk about ironic. Muscle Milk is overpriced over-hyped, over-marketed garbage, in my opinion. But it is a very good thing that I didn't decide to put the word milk in this site's name because Cytosport probably would have sued me. That's what they've been doing for years, trying to shut down anybody who uses the word milk in their product in a classic case of the big bully picking on the little guys. They think they own the word milk if used in a "dietary supplement". Can I get a kiss my ass? Can I get an AMEN?

Well the playground thugs might have met their match. Not much is likely to come of the lawsuit between Nestle and Cytosport but, personally, it wouldn't bother me if Nestle used all of their superior resources to harass Cytosport until it's blue in the face. No, I don't think Nestle is right. It is a self-righteous stance they are taking and it's a little ridiculous that they think the Muscle Milk really cuts into their pie or that they think we believe Muscle Milk to be MILK. C'mon, we're not stupid, Nestle. We don't believe it's "just like mother's milk" either. Nor do we actually think that our nutritional needs are identical to a new-born's. Do we?

But I don't care. Even though two wrongs don't make a right because did I mention that Cytosport can kiss my ass? I'm not above slinging a little mud their way.

Nestle says that Muscle Milk's labelling is deceptive and believes that no product should be allowed to use the word milk unless it is ACTUALLY milk. Except of COURSE if it's a product like "Nestle Creamy Soy Milk".

There is a difference between what can be used in a product name and what the rest of the label can claim. A product cannot claim to be 'milk-based' or to contain milk unless it contains actual milk. Not just milk derivatives such as whey and casein. If Nestle had its way, however, "soy milk" or "rice milk" could not be called milk. The FDA disagrees and is not quite so precious about the word milk as Nestle is.

What's funny is that Nestle is doing what Cytosport has been doing all along. Cytosport has been opposing trademark applications by companies using the word milk in their product name, such as Megamilk, Monster Milk, Active Milk Shake Plus and Warrior Milk.

They even managed to harass a woman out of business who was marketing a line of soy-based shakes called Angel Milk. Soy-based, folks. Guess who this woman, Michelle Herrington, was marketing these shakes to: Pregnant and nursing women. There is no way that Angel Milk could have ever infringed on Muscle Milk's market. And there is no way that Cytosport should be able to own the word milk in a dietary supplement.

So, yeah, I'm thinking that Cytosport is getting a taste of their own medicine and I hope it is a bitter pill to swallow.

I'm wondering, though, who is going to sue Milk of Magnesia, which the lawyers are probably all swilling?

Here is the NY Times story on the matter if you want less biased reporting.


This page created 16 Oct 2009 21:38
Last updated 24 Feb 2015 05:05

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