Our San Diego client whose award-winning healthy snack is sold throughout the United States, received a class action demand letter claiming the labeling was deceptive and violated New York law. The Food Lawyers responded with a letter correcting the New York attorney on the law in his state and also pointing out that parts of his case were preempted by the federal Nutrition Labeling and Education Act of 1990. Accordingly, his case was without merit. Plaintiff’s counsel did not respond to our letter and was never heard from again. No settlement money was paid.
