People
Keri Borders is a litigator who focuses her practice on defending food and beverage, dietary supplement and consumer packaged goods manufacturers, retailers, and distributors in complex competitor and consumer class action litigation. Clients rely on Keri and her creative problem solving skills because of her deep understanding of their business and her ability to achieve successful results.
Keri regularly practices in state, federal, and appellate courts in cases involving false advertising relating to product labeling and advertising, including nutrition and health claims, contaminants (heavy metals, PFAS, glyphosate, mycotoxins), product attributes, sustainability/environmental/green claims, and alleged violation of the FDCA/NLEA, PPIA, FMIA, Lanham Act, and FTC Green Guides (and state counterparts).
Keri also has significant experience litigating contract, accounting, and intellectual property disputes, and defending unfair business practices, unfair competition, misappropriation of trade secrets, breach of fiduciary duty, and business torts. Keri has experience in a broad spectrum of industries, including entertainment, personal care products, consumer electronics, telecommunications, pet food, and real estate.
Keri is ranked in Chambers USA, Legal 500, and was recognized by Law360 as one of four MVP’s in the United States in Product Liability in 2020.
J.D., University of California Hastings College of Law
B.A., University of California
California
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Eastern District of Missouri
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
U.S. District Court for the Southern District of Illinois
Law Clerk, Judge Robert J. Timlin, U.S. District Court for the Central District of California
Board of Governors, Association of Business Trial Lawyers, Los Angeles Chapter
Member, American Bar Association
Member, Consumer Brands Association
Member, Food and Drug Law Institute
March 19, 2024
Keri Borders and Dale Giali represent Gerber in a false-ad class action case before a New York federal court
February 1, 2024
Dale Giali, Rebecca Johns and Keri Borders obtain a favorable dismissal on behalf of Nestle in a false ad case before a Florida federal court
December 21, 2023
Dale Giali and Keri Borders represent Eden Creamery in a class action suit
Prescott v. Nestlé USA, Inc., -- F. Supp. 3d --, 2022 WL 1062050 (N.D. Cal. Apr. 8, 2022). The Northern District of California dismissed a consumer class action complaint against Nestlé USA alleging that Nestlé’s Toll House White Morsels are deceptively advertised as white chocolate.
Zurilene v. Dreyer’s Grand Ice Cream, Inc., --- F.Supp.3d ---, 2022 WL 816636 (S.D. Ill. Mar. 17, 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois Consumer Fraud and Deceptive Business Practices Act regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of “Vanilla Milk Chocolate Ice Cream Bars” without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff was attempting to impose label requirements that were in addition to or different from FDA regulations and, therefore, the theory of liability was preempted.
Yu v. Dreyer’s Grand Ice Cream, Inc. --- F.Supp.3d ---, 2022 WL 799563 (S.D.N.Y. Mar. 16, 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois consumer protection laws regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of the ice cream bars without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff had no private right of action to enforce FDA regulations, and that plaintiff’s theory of deception was not plausible because, among other reasons, the coating does contain FDA standard-of-identify chocolate, the label fully discloses the presence of oil in the ingredient list, and the label never suggests that the product does not contain oil.
See more
December 8, 2023
General Counsel’s Decision Tree for Internal Investigations for the Food and Beverage Industry
September 20, 2022
International Food Law Gazette– September 2022
March 19, 2024
Keri Borders and Dale Giali represent Gerber in a false-ad class action case before a New York federal court
February 1, 2024
Dale Giali, Rebecca Johns and Keri Borders obtain a favorable dismissal on behalf of Nestle in a false ad case before a Florida federal court
December 21, 2023
Dale Giali and Keri Borders represent Eden Creamery in a class action suit
Prescott v. Nestlé USA, Inc., -- F. Supp. 3d --, 2022 WL 1062050 (N.D. Cal. Apr. 8, 2022). The Northern District of California dismissed a consumer class action complaint against Nestlé USA alleging that Nestlé’s Toll House White Morsels are deceptively advertised as white chocolate.
Zurilene v. Dreyer’s Grand Ice Cream, Inc., --- F.Supp.3d ---, 2022 WL 816636 (S.D. Ill. Mar. 17, 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois Consumer Fraud and Deceptive Business Practices Act regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of “Vanilla Milk Chocolate Ice Cream Bars” without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff was attempting to impose label requirements that were in addition to or different from FDA regulations and, therefore, the theory of liability was preempted.
Yu v. Dreyer’s Grand Ice Cream, Inc. --- F.Supp.3d ---, 2022 WL 799563 (S.D.N.Y. Mar. 16, 2022) Motion to dismiss granted in class action alleging false advertising under the Illinois consumer protection laws regarding Haagen-Dazs ice cream bars labeled “rich milk chocolate.” Plaintiff alleged that the use of coconut oil in the chocolate coating of the ice cream bars without disclosing its presence on the front-of-pack was misleading and contrary to FDA regulations. The court ruled that plaintiff had no private right of action to enforce FDA regulations, and that plaintiff’s theory of deception was not plausible because, among other reasons, the coating does contain FDA standard-of-identify chocolate, the label fully discloses the presence of oil in the ingredient list, and the label never suggests that the product does not contain oil.
See more
December 8, 2023
General Counsel’s Decision Tree for Internal Investigations for the Food and Beverage Industry
September 20, 2022
International Food Law Gazette– September 2022
March 19, 2024
Keri Borders and Dale Giali represent Gerber in a false-ad class action case before a New York federal court
February 1, 2024
Dale Giali, Rebecca Johns and Keri Borders obtain a favorable dismissal on behalf of Nestle in a false ad case before a Florida federal court
December 21, 2023
Dale Giali and Keri Borders represent Eden Creamery in a class action suit
J.D., University of California Hastings College of Law
B.A., University of California
California
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Eastern District of Missouri
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
U.S. District Court for the Southern District of Illinois
Law Clerk, Judge Robert J. Timlin, U.S. District Court for the Central District of California
Board of Governors, Association of Business Trial Lawyers, Los Angeles Chapter
Member, American Bar Association
Member, Consumer Brands Association
Member, Food and Drug Law Institute