Our client, a California nationally distributed snack food purveyor, received a class action demand letter alleging its products were deceptively labeled and fraudulently marketed. The letter came from a plaintiff’s counsel well known to The Food Lawyers. Our firm advised the client we believed this plaintiff’s counsel was a big bluffer. He would write highly detailed, threatening letters, but ultimately, not file a lawsuit. We told the client if he had the stomach for it, we could absolutely ignore this attorney. With other adversaries, that would be a dangerous strategy. We felt with this one, not responding in any way was the correct play. The client agreed. We didn’t respond and after two more threatening letters, plaintiff’s counsel, “went quiet,” never to be heard from again. The cheapest victory in firm history.
