Kyla Kaplan

Associate Attorney

Kyla Kaplan counsels clients on regulatory and compliance matters  in the various areas surrounding food, agriculture, and drug law. As an attorney, Kyla brings with her knowledge and awareness of innovative areas of FDA and USDA regulations. Prior to joining OFW, Kyla spent time working in diverse sectors subject to FDA and USDA regulatory law. This includes industry experience with both Tyson Foods and Walmart’s Food Safety and Compliance teams. Kyla also has experience working with federal and state agencies on water quality and environmental matters. Outside of employment experiences, Kyla also led the publication of two legal journals, participated in several food-focused nonprofits, and gained experience with legal clinics at the University of Maryland School of Law and Harvard Law School.


Kyla specifically chose to focus her career on regulatory law surrounding the evolving food supply system and applies this passion to help clients unpack complex changes. Her background in business, agencies, and nonprofits informs how she tailors her approach to assist clients in achieving their goals.


Areas of Expertise


·       Assisting clients in developing lawful labels, claims, and marketing programs for their USDA and FDA-regulated products.

 

  • Advising clients in preventing and responding to agency
    (FDA, USDA-FSIS, etc.) enforcement actions such as, but not limited to, warning letters.  
  • Assisting in the entire trademark process including
    developing, filing, and maintaining trademarks with USPTO, and in addition, assisting with trademark infringement issues.
  • Handling food recall situations including assisting in communicating with the agency to resolve disputes.
  • Counseling human food manufacturers, distributors,
    and retailers on compliance with the various Food Safety
    Modernization Act (FSMA) regulations including Preventive Controls for Human Food and Animal Food, Sanitary Transport Rule, Prevention of Intentional Adulteration, and Produce Safety Rule.
  • Advising livestock and poultry feed and pet food manufacturers, distributors, and retailers on
    compliance with FDA regulations under FSMA.
  • Counseling food manufacturers, distributors, and
    retailers on compliance with major USDA laws such as the Federal Meat Inspection Act, Poultry Products Inspection Act, Egg Products Inspection Act, and Packers and Stockyard Act.
  • Assisting with Agricultural Foreign Investment Disclosure
    Act (AFIDA) filings and related matters. 

  • Monitoring and advising on compliance issues related to
    Per- and Polyfluorinated Substances (PFAS) in food, food packing, and agricultural water.
  • Providing up-to-date advice on recent and emerging
    regulatory actions via timely memorandum and then drafting
    comments
    to the agency on FDA, USDA, EPA, FTC, and other agency rulemakings.  
  • Supporting and educating clients on legal pathways regarding cannabis and cannabis derivatives.
  • Assisting in organizing and providing various general
    counsel and outside legal counsel
    services to various food and agriculture trade associations.
  • Conducting regulatory due diligence reviews on
    FDA and USDA-related matters.
  • Representing food industry clients at hearings, briefings,
    and meetings with FDA, USDA, OMB, and other administrative
    agencies.

Practice Areas

Credentials

Education

University of Arkansas School of Law, Fayetteville, AR LL.M., Food and Agriculture Law, May 2021

University of Maryland Carey School of Law, Baltimore, MD J.D., Certified: Environmental & Health Law, May 2020

University of Wisconsin, Madison, WI B.S., Environmental Studies, Journalism, Minor in Leadership, May 2017

Bar Admissions

Illinois

District of Columbia

Community Involvement

Food and Drug Law Institute

American Agricultural Law Association

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