Dale J. 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 unders – tanding of the industries he serves and for his successful results on behalf of the firm’s clients.
Dale also has significant experience in 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.
- 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 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
- 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.’”
- 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.
- 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.
- Parker v. Logitech, Inc., No. RG15781276 (Alameda County, CA Superior Court). Defended electronics company against false advertising claims challenging a video surveillance product.
- 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.
- 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.
- 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.).
- 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.”
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