Angel A. Garganta

Representative Matters

Food, Beverage, and Supplements

• Regularly counseling and representing food, beverage, and supplement manufacturers and retailers on advertising and labeling issues and reducing class action risk
• Obtained dismissal with prejudice of a putative nationwide false advertising class action against a national grocery chain in the Southern District of California
• Representing a food manufacturer in a putative nationwide consumer class action in the Northern District of California involving novel "natural" claims
• Obtained dismissal with prejudice of a putative nationwide class action in the Southern District of New York against a yogurt manufacturer involving other novel "natural" claims
• Obtained dismissal of claims for monetary relief against a dietary supplement company in a four-year-long class action in the Northern District of California alleging that the company falsely advertises the joint health benefits of its products
• Defending a food retailer against a putative nationwide class action in the Central District of California alleging false advertising of almond milk products
• Obtained dismissal with prejudice of a putative false advertising class action against a health and wellness company in the Central District of California
• Obtained dismissal with prejudice of a putative nationwide class action in the Eastern District of New York accusing an infant and toddler food manufacturer of misleading use of the term "organic"
• Obtained dismissal with prejudice of a nationwide class action in the District of Massachusetts alleging that a popular supplement is ineffective
• Represented a yogurt manufacturer in a Lanham Act action against a competitor, obtaining preliminary injunction stopping the competitor's advertising campaign
• Obtained dismissal with prejudice for a national quick-serve restaurant chain in a putative nationwide consumer class action in the Central District of California alleging an "adulterated" ingredient
• Obtained dismissal with prejudice of all claims in a putative consumer class action alleging that a yogurt manufacturer's yogurt violated the FDA's Standards of Identity
• Defended a national food manufacturer and a national grocery chain in multiple false advertising and consumer class actions regarding the trans-fat content of various food products
• Obtained summary judgment and dismissal for a national restaurant system in multiple consumer class actions nationally alleging false advertising about the nutritional content of its menu items
• Defended a yogurt manufacturer against multiple consumer class actions nationally alleging false advertising about the health benefits of its probiotic products
• Represented a major French food and beverage producer as plaintiff in a multijurisdictional international commercial litigation against its Chinese joint venture partners
• Obtained dismissal with prejudice of all claims in a purported consumer class action alleging a RICO conspiracy to mislead consumers by manufacturers and a major retailer of various popular supplements
• Defended a manufacturer of a popular pre-workout supplement against multiple class actions alleging that the product was unsafe and falsely advertised
• Defended a national retailer of nutritional supplements against multiple consumer fraud and unfair business practices class actions concerning product quality

Other Consumer Products

• Regularly representing a national personal care products manufacturer in consumer class action and related matters
• Obtained dismissal with prejudice of all claims against an inventory services company in a consumer class action alleging fraud and conspiracy in connection with an alleged recall of certain pharmaceutical products
• Defended a manufacturer of Bluetooth headsets against federal multidistrict false advertising and unfair business practices class actions alleging failure to warn consumers of hearing loss risk
• Defended a printer manufacturer against a private attorney general action alleging misleading print speed ratings.
• Defended a prescription drug manufacturer against a products liability class action alleging misleading labeling
• Defended a major real estate management company against several tenant class actions challenging its application and security deposit practices

Education

• J.D. University of California at Berkeley, Boalt Hall School of Law 1992
• • Order of the Coif
  • Associate Editor, California Law Review
• M.A. University of California at Berkeley 1987
• • Andrew W. Mellon Fellow
• A.B. magna cum laude Princeton University 1984

Bar Admissions

• California

Court Admissions

• 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 Northern District of California
• U.S. District Court for the Southern District of California
• U.S. District Court for the Northern District of Florida
• U.S. Court of Appeals for the Sixth Circuit
• U.S. Court of Appeals for the Ninth Circuit

Clerk Experience

• Honorable Marilyn Hall Patel U.S. District Court for the Northern District of California

Professional Memberships and Activities

• Fellow, American Bar Foundation
• Member, American Law Institute, elected December 2017
• Member, Global Advertising Lawyers Alliance
• Member, Northern District of California Magistrate Judge Merit Selection Panel
• Co-Chair, Lawyer Representative Committee for the Northern District of California
• Member, Board of Directors, Northern District of California Practice Program
• Member, Board of Directors, Bar Association of San Francisco (BASF)
• Member, Judiciary Committee, BASF
• Member, Executive Committee, Litigation Section, BASF
• Member, Board of Directors, Barristers Club, BASF
• Member, Editorial Advisory Board, California Forms of Pleading and Practice (Matthew Bender)
• President, San Francisco Bank Attorneys Association

Languages

• Spanish
• French

• The Best Lawyers in America, 2024
  • Commercial Litigation, 2019 – 2023
• Super Lawyers, Northern California, 2004 – 2011, 2014 – 2023
• Legal 500
  • Media, Technology and Telecoms – Advertising and Marketing – Litigation, 2015, 2019 – 2023
  • Dispute Resolution – Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense, 2018
• Chambers USA
  • Food & Beverages: Regulatory & Litigation, Nationwide, 2014 – 2023
  • Advertising: Litigation, Nationwide, 2022 – 2023
• Martindale-Hubbell, AV® Preeminent Rated