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Admitted to Practice

  • New York, 2005
  • California, 2013
  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Southern District of California
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York

Rebecca Cross

Rebecca Cross focuses her practice on regulatory, litigation, and policy issues for branded food and beverage clients and their investors. She has more than a decade of experience working with food clients, is frequently cited as a source by publications like "Food Navigator" and "The New York Times," and has lectured at industry seminars and food law courses for UCLA Law School.

She counsels clients regarding labeling and advertising —including for FDA, USDA, and FTC compliance, adherence to local and state laws, such as California’s Proposition 65, and for litigation risk. In addition, Rebecca has successfully represented a number of clients facing consumer labeling class actions in "Food Court" —and has prevented many more such claims from being filed against her clients.

She has also served as outside general counsel to a number of highly-branded food clients, as an advisor to emerging plant-based food companies, and as pro bono counsel to non-profits advocating for plant-based foods and animal welfare.

Representative Experience

Regulatory Matters
  • Advise clients – from startups to publicly-traded companies – on day-to-day regulatory matters and risk management.
  • Counseled private equity company on regulatory and litigation risk in acquisition of private label manufacturer.
  • Provided pre-exit diligence to prepare food company client for sale to Fortune 100 company.
  • Visited client’s overseas suppliers in China to advise on compliance with FDA regulations related to labeling and food safety.
  • Conducted internal investigation and resolved allegations of FDA regulatory violations and whistleblower claims against food company client.
  • Advised pet food company on FDA recall and helped client implement policies re regulatory compliance and product safety.

Labeling Litigation
  • Obtained defense victories in multi-jurisdiction class actions and products liability litigation seeking over $50 million against snack food client related to calorie and fat labeling, including dismissals of false advertising actions pending in California, New York, New Jersey, Florida, and Pennsylvania.
  • Obtained dismissal with prejudice of six putative false advertising class actions against a California frozen dessert company related to calorie and "natural" labeling allegations.
  • Successfully defeated putative class action attacking brand name of snack food company.
  • Secured final dismissal with prejudice of $20 million class action against pet food company related to "Made in the USA" labeling.
  • Obtained dismissal with prejudice of putative class action against snack food company related to ingredient predominance.
  • Secured dismissal with prejudice of $20 million intellectual property and licensing claims brought against innovative snack food client by competing Fortune 100 company.
  • Extinguished $300 million dollar unfair competition and Lanham Act litigation against industry competitor.

Additional Qualifications

  • Partner, 2013-2016; Counsel, 2009-2013 – BraunHagey & Borden LLP, San Francisco
  • Associate, Eiseman Levine Lehrhaupt & Kakoyiannis, New York, N.Y., 2005-2009

Professional & Community Activities

  • Pro Bono Counsel, Good Food Institute
  • Pro Bono Counsel, Animal Legal Defense Fund
  • Food & Supplements Subcommittee, ABA Section of Litigation