“‘He has an encyclopedic knowledge of food and beverage false advertising litigation and a keen understanding of how to navigate a case.’"Chambers USA 2020
Dale Giali is a litigator who has represented a number of the world's largest multinational corporations in complex food, beverage and consumer product false advertising counseling and litigation, including defending consumer class actions and prosecuting and defending competitor lawsuits. He regularly practices in state and federal trial and appellate courts in cases involving false advertising related to nutrition and health claims, claims involving "natural" and transgenic products, alleged violations of the FDCA/NLEA, PPIA, FMIA and Lanham Act (and state counterparts), state and federal warranty claims and violations of state consumer protection laws. He is recognized by clients and peers for his imaginative defense strategies, his understanding of the industries he serves and for his successful results on behalf of the firm's clients.
Dale also has significant experience in California’s Automatic Renewal Law and the federal Restore Online Shopper Confidence Act (or ROSCA), franchise relationship counseling, and in litigating allegations of antitrust violations, unfair business practices, unfair competition, misappropriation of trade secrets, breach of contract, business torts, and franchise agreement violations.
Benchmark Litigation 2020 recognizes Dale as a Local Litigation Star for class actions and The National Law Journal recognized him as a 2017 Litigation Trailblazer. Dale practices within the firm’s Food & Beverage, Class Action and Consumer Protection practice groups, each of which has recently been recognized as a Law360 practice group of the year. In 2014, Dale was identified by Law360 as one of four "MVPs" in the United States in the field of class action litigation. Dale has been listed in Chambers USA and Legal 500 several times, including in 2013 as a Legal 500 "Leading Individual" for trade secret misappropriation litigation, and he was named to the publication’s Hall of Fame in 2017. He has also been repeatedly recognized as one of Southern California's Super Lawyers. Dale is regularly quoted in news publications regarding legal developments involving false advertising of consumer packaged goods.
- Pelayo v. Nestlé USA, Inc., 989 F. Supp. 2d 973 (C.D. Cal. 2013). Defended Buitoni brand of products in case challenging “natural” label statements. Case dismissed with prejudice at the pleading stage. The court ruled that the plaintiff failed to offer an objective or plausible definition of the allegedly-deceptive phrase “all natural,” stating that “the reasonable consumer is aware that Buitoni pastas are not ‘springing fully formed from ravioli trees and tortellini bushes.’”
- Shin v. Campbell Soup, No. 17-1082 (C.D. Cal.). Secured a victory for Campbell Soup when a federal judge in the Central District of California dismissed a false advertising consumer class action complaint alleging that labeling of less sodium and fat-free products was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the challenged statements were accurate and were not likely to mislead a reasonable consumer.
- Lucido v. Nestlé Purina Petcare Company, 217 F.Supp.3d 1098 (N.D. Cal. 2016). Successfully moved for summary judgment and to strike plaintiffs’ experts in a consumer class action alleging that Purina failed to disclose that Beneful dog food was harmful. The court ruled that plaintiffs’ case was entirely dependent on their experts’ opinions, but the opinions were unreliable and inadmissible. Accordingly, plaintiffs’ case had no evidentiary support and could not proceed.
- Kane v. Chobani LLC,645 Fed. App’x. 593 (9th Cir. 2016); see also 973 F. Supp. 2d 1120 (N.D. Cal. 2014), 2013 WL 5289253 (N.D. Cal. Sept. 19, 2013), and 2013 WL 3776172 (N.D. Cal. July 15, 2013). Defense of a putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Greek yogurt products marketed as containing “only natural ingredients” and listing “evaporated cane juice” as an ingredient. A motion to dismiss was granted. 2013 WL 5289253. The plaintiffs’ motion for preliminary injunction was denied. 2013 WL 3776172. A motion to disqualify the plaintiffs’ expert was granted. 2013 WL 3991107. After a third amended complaint, a second motion to dismiss was granted with prejudice. 2014 WL 657300. The Ninth Circuit then stayed the case.
- Wysong Corp. v. APN, Inc., 889 F.3d 267 (6th Cir. 2018). Secured a victory for Nestlé Purina Petcare Company when a federal judge in the Eastern District of Michigan dismissed with prejudice a Lanham Act complaint alleging that using realistic images of meat and vegetables on pet food labels was deceptive. The court ruled that plaintiff’s theory of deception was not plausible because the challenged label images, especially when considered in context, were not false and were not likely to mislead a reasonable consumer. Significantly, the court denied further amendments and entered judgment in favor of our client.
- In re KIND LLC “Healthy and All Natural” Litigation, 209 F. Supp. 3d 689 (S.D.N.Y. Sept. 15, 2016). Secured a ground-breaking victory for KIND snack bars when a federal judge in the Southern District of New York dismissed claims in an MDL consumer class action challenging KIND’s “healthy” labeling and stayed claims challenging “natural” labeling pending FDA’s consideration of the issue.
- Cerreta v. Laclede, Inc., No. 14-8066 (C.D. Cal.) (removed from L.A. Sup. Ct.). Defending consumer packaged goods company in nationwide consumer class action alleging false advertising under California consumer protection law regarding “natural” labeling of personal care products.
- Greenberg v. Galderma Laboratories, L.P., No. 3:16cv6090 (N.D. Cal.). Defended personal care product company against allegations of false advertising re label statements.
- Parker v. Logitech, Inc., No. RG15781276 (Alameda County, CA Superior Court). Defended electronics company against false advertising claims challenging a video surveillance product.
- Magier v. Tribe Mediterranean Foods, Inc., No. 1:15cv5781 (S.D.N.Y.). Defended manufacturer of hummus against claims of false advertising relating to “natural” label statements.
- Rhinerson v. Van’s International Foods,No. 3:13cv9523 (N.D. Cal.). Defended frozen waffle manufacturer against putative nationwide consumer class action challenging the “natural” labeling of the products.
- Backus v. Nestlé USA, Inc., 167 F. Supp. 3d 1068 (N.D. Cal. 2016). Secured a ground-breaking victory for Nestlé USA and its iconic Coffee-mate brand when a federal judge in the Northern District of California dismissed with prejudice a consumer class action complaint. Plaintiffs alleged that Nestlé’s mere use of partially hydrogenated oil in Coffee-mate was unlawful, and that labeling statements touting the product as having “0g Trans Fat” was misleading. The court ruled that plaintiff’s ‘use’ theory was an obstacle to federal law and therefore preempted, and that plaintiff’s false advertising theory, which attempted to impose labeling requirements not identical to federal law, was expressly preempted.
- Workman v. Plum PBC, 141 F. Supp. 3d 1032 (N.D. Cal. 2015). Secured a victory for Campbell Soup and its subsidiary Plum Organics when a federal judge in the Northern District of California dismissed with prejudice a false advertising consumer class action complaint alleging that food labeling was deceptive. The court ruled that plaintiffs’ theory of deception was not plausible because the labels were not false and were not likely to mislead a reasonable consumer.
- Ross v. Nestlé USA, Inc., No. 1:16-cv-09563 (S.D.N.Y.). Defended Lean Cuisine products against false advertising claims relating to “no preservatives” label statement and the presence of citric acid in products.
- Astiana v. Dreyer’s Grand Ice Cream, No. 11-2910 (N.D. Cal.). Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to Häagen-Dazs and Dreyer’s ice cream products labeled “All Natural.” This case was consolidated with the copy-cat case Rutledge-Muhs v. Dreyer’s Grand Ice Cream. The action was dismissed with prejudice.
- Stoltz v. Chobani, LLC, No. 1:14cv3827 (E.D.N.Y.). Defended nationwide consumer class action alleging false advertising of Greek Yogurt products, marketed as “Greek Yogurt,” “0%,” “evaporated cane juice,” and natural and healthy.
- Chavez v. Nestlé USA, No. 09-9192 (C.D. Cal.). Defended putative nationwide consumer class action against Nestlé USA alleging false advertising under California consumer protection laws with respect to juice products marketed as supporting brain development, immunity and digestive health. Case dismissed following three successive, successful motions to dismiss (2011 WL 10565797 (C.D. Cal. Jan. 10, 2011), 2011 WL 2150128 (C.D. Cal. May 19, 2011)). Judgment in defendant’s favor affirmed in part and reversed in part. 511 Fed. App’x. 606 (9th Cir. 2013).
- Ibarrola v. KIND LLC, 83 F. Supp. 3d 751 (N.D. Ill. 2014). Secured a complete victory for client KIND LLC in the Northern District of Illinois when Judge Sara Ellis dismissed a putative nationwide consumer class action premised on allegations that KIND deceived consumers by including a “No Refined Sugars” statement on the label of snack foods. Judge Ellis granted KIND’s motion to dismiss an amended complaint with prejudice, holding that plaintiff failed to allege a plausible theory of deception.
- Boyle v. KIND LLC, No. 1:13cv8365 (S.D.N.Y). Defended nationwide consumer class action challenging the labeling of snack bar products as insinuating that consuming the products will not lead to weight gain and that the product is better-for-you product. Also defended copy-cat, follow-on action Bailey v. KIND LLC, No. 8:16cv168 (C.D. Cal.).
- Trazo v. Nestlé USA, Inc., No. 5:12cv2272 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Coffee-mate powder products marketed as “0g trans fat.” This case is notable for the scope of its predecessor case at filing—challenging an open-ended number of the products of a major food manufacturer. The broadside attack featured multiple misbranding allegations on diverse labeling statements. Of special significance, we dealt a massive blow when its separate and innovative motion to strike the plaintiffs' class allegations—at the pleading stage—was granted. 2013 WL 4083218 (N.D. Cal. Aug. 9, 2013). The challenged products were subsequently reduced from “open-ended” to four and the misbranding theories have been reduced from nine to four.
- Belli II v. Nestlé USA, Inc., No. 5:14cv283 (N.D. Cal.) Defended putative nationwide consumer class action alleging false advertising under California consumer protection laws regarding Eskimo Pie products marketed as “No Sugar Added.”
- In re Gerber Probiotic Sales Practices Litigation,No. 12-835 (D. N.J.). Defended Gerber in ten-case consolidated nationwide consumer class action alleging false advertising under consumer protection and warranty laws of multiple states with respect to baby formula and cereal products labeled as containing immune-supporting probiotics, digestion-supporting prebiotics, and brain and eye development-supporting DHA. Motions to consolidate cases granted. Burns v. Gerber Prods. Co., 922 F.Supp.2d 1168 (E.D. Wash. 2013); Hawkins v. Gerber Prods. Co., 924 F.Supp.2d 1208 (S.D. Cal. 2013).
- Reilly v. Amy’s Kitchen, 2 F. Supp. 3d 1300 (S.D. Fla. 2014); see also 2014 WL 905441 (S.D. Fla. Mar. 7, 2014) Defended against putative Florida consumer class action alleging false advertising under Florida consumer protection laws with respect to food products containing the ingredient “evaporated cane juice.” A federal judge first denied plaintiff’s request to reinstate claims over 57 products that the named plaintiff never purchased. The court then dismissed the case on jurisdictional grounds because the amount at issue for the three products the named plaintiff did purchase fell below the Class Action Fairness Act amount in controversy requirement.
- Figy v. Amy’s Kitchen, Inc., 2 F. Supp. 3d 1300 (N.D. Cal. 2014). Defended against putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to food products containing the ingredient “evaporated cane juice.” A federal judge dismissed action without leave to amend based on primary jurisdiction of FDA (later converted to stay).
- Simpson v. California Pizza Kitchen, 989 F. Supp. 2d 1015 (S.D. Cal. 2013), 2013, 2013 WL 5718479 (S.D. Cal. Oct. 1, 2013). Defended a putative nationwide consumer class action against several frozen pizza brands owned by Nestlé USA and California Pizza Kitchen alleging violation of California's Unfair Competition Law and statutory nuisance law. This was a bellwether case. Using the class action vehicle, plaintiffs sought to impose an unprecedented judicial ban on artificial trans fats in frozen pizza products. Any success could have “opened the floodgates” to numerous other cases seeking to ban individual ingredients. A motion to dismiss was granted as to the entire complaint, with prejudice and without leave to amend.
- Carrea v. Dreyer’s Grand Ice Cream, 475 Fed. Appx. 113 (9th Cir. 2012). Defense of putative nationwide consumer class action alleging false advertising under California consumer protection laws with respect to frozen dessert products labeled “0g trans fat,” “original,” and “classic.” Motion to dismiss second amended complaint granted in 2011. 2011 WL 159380 (N.D. Cal. Jan. 10, 2011). The Ninth Circuit affirmed the dismissal on April 5, 2012.
- Brower v. Campbell Soup Company, 243 F. Supp. 3d 1124, 2017 WL 1063470 (S.D. Cal. Mar. 21, 2017). Obtained a dismissal with prejudice for Campbell Soup in a consumer class challenging the labels of Chunky Healthy Request soup products. The court ruled that plaintiffs’ state-law false advertising claims are preempted by the federal Poultry Products Inspection Act and the Federal Meat Inspection Act.
- Bell v. Campbell Soup Co., 65 F. Supp. 3d 1328 (N.D. Fla. 2014). Secured victory for Campbell Soup when a federal judge in Florida dismissed with prejudice an amended consumer class action complaint in an action that initially had challenged the labeling of more than 50 products from multiple product lines under Campbell’s iconic V8 brand. The court ruled that plaintiffs’ amended claims (following an initial motion to dismiss) were expressly preempted as attempting to impose state-law labeling requirements that were not identical to federal labeling law, and that Campbell’s labels complied with the federal requirements “to the letter.”
University of San Diego School of Law, JD, cum laude
University of California, Los Angeles, BA
- US Court of Appeals for the Sixth Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Eleventh Circuit
- US District Court for the Northern District of California
- US District Court for the Central District of California
- US District Court for the Northern District of Texas
- US District Court for the Eastern District of California
- US District Court for the Southern District of California
- Member, American Bar Association
- Board Member, Association of Business Trial Lawyers, Los Angeles Chapter