I disagree. Constellation is large enough to have its own in-house legal team. They’re mostly likely the ones who directed Seyfarth to send this letter. So, they’re the ones who really should know.
Plus, there’s a chance they did know. If they knew that Adam was making a false claim in the ad, they probably would have said so outright. But they instead chose to put it on Adam, and stuck with the implied threat, probably to get him to back down. Which Adam correctly didn’t do.
In that way, Constellation has little to no downside, other than the barbs of wine nerds online.
The claim was not how much RS Meiomi contained. It was the relativity to Adam’s wine which is unknown to the legal eagles. Is it Adam’s burden to provide the data ( which he did)? Or should Constellation test his wine to make n sure it’s not a false claim??
Anti-SLAPP statues don’t apply until a lawsuit is filed. If Constellation did file a suit here, Adam could move to strike the suit, but as of now there’s no basis for him to act.
Not commenting on the rest of the post, but for those wondering if it’s just a request for information, it’s perhaps telling that they reference a dispute and invoked Rule 408…
That said, Adam’s response may have already put this to bed? I’d be interested to see if he hears anything back.
Oh you definitely can. But from logistical, quality, and financial standpoints it’s preferable to ferment to dryness and then dose in concentrate to hit your target profile in the final blend.
I get the sense that the Constellation lawyers just knew the claim was so over the top, it was ridiculous and potentially defamatory. I’ll bet they never sought out anyone at the winemaker level to ask them if the ratio could be that high. Knee jerk reaction by the suits to try and squelch negativity. Tell a small winemaker to stop with the outrageous claims. Now, it’s blown back in their face when he delivered the facts. Oops. Time to do a little internal review, quietly back away, and hope no one reads the SF Chronicle. Or worse, a national outlet picks up the story.
Apparently 21 grams of sugar if converted into alcohol would add around 1.2 degrees. If the alcohol was 15-16% to start with, assuming bags of sugar were not added, it’s possible to reach that level naturally. To each his own. A non wine friend told me about this wine he discovered.”A bargain; try it”. The things I do for friendship. I didn’t spit it out, although every fiber in my body wanted me too.
Nevertheless, if that is what they made, own up to it. Or it would have been a more intelligent strategy to ignore it. It’s a frigging shelf talker for God’s sake, Thanks to this idiotic letter sugar levels are a topic of conversation in the San Francisco Chronicle, and worse still being dissected by the denizens of Wine Berserkers. Streisand effect indeed.