Many years ago, I purchased Chalone stock for $10. Chalone was an early Constellation acquisition. I still own Constellation, and it is trading at $240+/-. Their last annual report said they had sales of about $9 Billion, $7B in beer and $2B in wine so they are really a beer company.
In my other life I represented 900-pound gorillas. Spending a couple hundred thousand dollars on lawyers’ fees to deter Adam, is budget dust to 900- pound gorillas. Poking the bear can be fun but…
The Brits said they like dry champagne but complained that Brut was too sour and bitter. The French, as they often do, solved the problem with language. They added sugar to their Brut, called it Extra Dry and the Brits lapped it up.
Meiomi was selling a couple of hundred thousand cases when Constellation bought it. It now sells about a million cases. Dial Tone sells 1,000? cases.
I suggested to Adam he is riding the wrong horse-in my other life I also represented the racetracks in California. Adam has established his wine making chops with Siduri. Adam give the people what they want. Add sugar to Dial Tone and get the case sales up to a couple of hundred thousand, sell it to Constellation and retire to the south of France 
This sounds like an Anti-SLAPP lawsuit ready and waiting.
Recommend talking to a lawyer about it.
Not a lawyer, but that seems like a big stretch. It literally is an inquiry as to the source of the data to which the claim was made and a “friendly” reminder about false advertising
It’s clearly a big company trying to bully a smaller company into curtailing its social media speech. That is SLAPP all over it.
An “inquiry”? It threatened legal action based on false advertising. That is NOT an inquiry. That is a threat. There is NOTHING friendly about this.
Different interpretations I guess. The main point of the letter asks for something. The repercussions for not providing the information would be that Constelkation would look to protect its interest by seeking legal remedies. Nowhere is there a threat. This is normal course of business stuff in brand protection.
As often happens, the big corp is bringing a lot more attention to something it appears to want to keep hidden than if they had just let it fade away, as it probably would have.
Disagree completely on this point. Companies that are confident in their products are not afraid of comparisons by their competition. Using legal threats against a small player is bullying. The letter is a legal threat for the sole purpose of curtailing free speech. It should be treated as such.
Streisand effect.
I don’t disagree with your take, but no legal action has been filed. Pretty sure Anti-SLAPP wouldn’t apply at this point.
I have no clue about these legal issues. But, this seems to me like a pissing contest, and Constellations’ shoes are all wet.
Again, I would recommend speaking with an anti-SLAPP attorney. Clearly the letter was a threat (it suggested a defensive course of action and described legal consequences of not following that course). That alone stifles free speech. Speak to a california lawyer that understands these things. If you need a referral, let me know.
Thank you for posting the full text of the letter from Seyfarth Shaw. You may not yet know this, but Constellation’s website reports that the RS in Meomi is 20 gms/liter (click on “Wine Information” to expand it at 2022 Pinot Noir California | Meiomi Wines). The only false statement that you made is the you UNDERSTATED the level of sugar in their wine. Sometimes I yearn for the days when I had nothing to do and could sue them for deliberately omitting information about their products that is relevant to a diabetic (me).
A couple of questions:
“The idea for the ad came about when Lee, who was adopted, went to Texas to meet some of his blood relatives. They presented him with a bottle of Meiomi to drink and he was “surprised at how sweet it was.”
Really? Your blood served you Meomi!
Did the retailer get a similar letter, and if so what was their response?
Well done though! That stat is incredible to think about.
After the SF Chronicle article, I suspect Constellation comms folks will step in, realizing it’s better to back off here and hope the story doesn’t spread any further…
Well played, Adam.
fify relative to me. but you were spot on.
this was a boiler plate letter written by a summer intern. i’ve seen bigger threats in the firm’s parking lot.
Yep, I can read those. Great response letter!
Adam, you are my hero!!! 
With all their billions of dollars, they couldn’t fact check their own wine at a 3rd party lab prior to sending the cease and desist letter against the truth? This is exactly what Tim is saying…the purpose was to stifle (truthful) free speech…not to quash false information.
That said, my understanding is Anti-SLAPP is a defense against a lawsuit, which they would be complete idiots to file at this point. I think Adam is the modern day David vs Goliath victor!
BRAVO Adam!!! Crazy to think that a big company would get there britches in a wad from FACTS!! I’m buying some Dial Tone as we speak. Well done!!
But it was signed by a partner in Seyfarth’s IP practice. Did he write it? Maybe. Should he be tarred by it’s implied threat? You bet. Did he know that their ow website reports that the RS of Meomi is 20 gms/liter? Maybe. Should he have known? 1000%. In my opinion, his letter reflects either his own malpractice for failure to investigate the facts BEFORE he sent the letter or his disregard of the obvious fact that there are way too many lawyers who collect wine and who will be glad to come to Adam’s defense.
agreed. i think everyone involved agrees to radio silence between now and jan 1.