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Litigators of the Week: King & Spalding Gets 2nd Circuit to Uphold ‘All Natural’ Win For Kind Bar Maker

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Keri Borders, left, and Dale Giali, right, of King & Spalding. Courtesy photos Keri Borders, left, and Dale Giali, right, of King & Spalding. Courtesy photos

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Keri Borders and Dale Giali secured a decision upholding their summary judgment win for KIND LLC. They successfully excluded the plaintiffs experts in long-running class actions over the words “All Natural” on certain Kind bars and granola products.

May 10, 2024 at 07:30 AM

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Our Litigators of the week are Keri Borders and Dale Giali of King & Spalding who have represented KIND LLC in a nearly decade-long class action saga involving food labels. The Second Circuit last week upheld their summary judgment win over the use of the words “All Natural” on certain products. The opinion lays out a viable path to summary judgment for defendants facing similar consumer deception claims. The panel found that the trial court didn’t err when it excluded plaintiffs’ expert testimony attempting to establish that reasonable consumers wouldn’t expect artificial or synthetic ingredients in the products at question.

Lit Daily: What was at stake here for your client?

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