Class actions lawsuits affecting food cosmetics, and supplements usually begin with a demand letter. This session will provide a look at recent demand letter trends affecting these industries and strategies to employ for when one arrives on your desk.

• Examining demand letter trends in these FDA-Consumer industries
• Recent labeling and marketing triggers
• State consumer protection law violations
• Developing internal protocols to address demand letters
• Evaluating the class action probability from the letter
• What can we glean about the potential of the case from the law firm/attorney who sent the letter?
• Understanding when and how to enlist outside counsel
• Weighing the risk of responding vs. not responding while being mindful of the response deadline
• Identifying who else may have received the same demand letter and how this should factor into your decision
• Understanding how to make the “fish or cut bait” decision
• Which actions are worth fighting and which should be settled right away?
• Grasping what types of cases settle, which don’t, and how much should be paid
• Identifying claims that never win, e.g., FDC&A defeat