Kyla S. Kaplan

The 2026 Landscape of State Baby Food & Infant Formula Legislation – What Is Here, What Is Coming, And How to Prepare?

Over the past few years, increasing scrutiny of heavy metals in infant formula and baby food, as well as increased frustration with the Federal government, has driven a wave of state legislative activity across the United States. In 2026, states are continuing to actively reshape how baby food and infant formula are tested, labeled, and

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California SB 54 Litigation Signals Changes for Extended Producer Responsibility (EPR) Packaging Compliance

California’s Extended Producer Responsibility (EPR) packaging law, Senate Bill 54 (SB 54), formally known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act is at the center of a significant federal lawsuit that could shape the future of EPR and packaging regulation nationwide. On June 22, 2026, a coalition of 17 states led by Nebraska

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FDA’s Next Steps on Traceability: Challenges and Solutions in Lot-Level Food Traceability

On June 15, 2026, the U.S. Food and Drug Administration (FDA) hosted a 3-hour public meeting entitled “Challenges and Solutions in Lot-Level Food Traceability.” The Public Meeting provided the public with an opportunity to share information regarding the implementation of the Food Traceability Rule (Food Safety Modernization Act (FSMA) § 204) and provide feedback on

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DOJ Finalizes Move to Schedule III for Certain Marijuana Products

The U.S. Department of Justice (DOJ), through the Drug Enforcement Administration (DEA), issued a final order partially rescheduling marijuana under federal law, effective April 22, 2026. While many headlines are framing this as “marijuana being moved to Schedule III,” the reality is more precise and limited—and reflects a phased approach closely tied to last year’s

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FDA Considers the Definition of “Dietary Substance” as New Technologies Transform Supplement Ingredients

The U.S. Food and Drug Administration (FDA) held a public meeting on March 27, 2026, to discuss “the evolving landscape of dietary supplement ingredients and how recent scientific and technological advances are shaping the industry.”   At the center of the discussion was one part of the definition of “dietary supplement” in § 201(ff) of

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USDA Labeling Laws for Meat, Poultry and Egg Guide

Meat, Poultry & Egg Labeling Laws: USDA Labeling Requirements

Meat and poultry processors face labeling rejections from FSIS that delay product launches and waste printing costs. Label approval specialists cite obscure policy memos and technical violations that weren’t apparent from reading the core regulations. I know this because USDA labeling laws and requirements represent one of the most detailed regulatory frameworks in food production

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Analyzing the 2025–2030 Dietary Guidelines and MAHA Policy Impacts

On January 7, 2026, the Dietary Guidelines for Americans 2025-2030 (DGA) were released by the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA). The DGAs provide advice on nutrient needs, promote health, and help prevent chronic disease, which will influence current and forthcoming HHS and USDA food and

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USDA Inspection

USDA Inspection Readiness Checklist for Meat, Poultry & Egg Product Establishments

Your facility has invested millions in equipment, processes, and personnel to meet the highest food safety standards. Yet falling short on USDA inspection can trigger enforcement actions that shut down operations and destroy years of business development. I know this because inadequate USDA inspection readiness costs food establishments their FSIS grant of inspection, market access,

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FSIS and USDA compliance

USDA and FSIS Compliance: What Meat, Poultry, and Food Manufacturers Need to Know

John Dillard, OFW Law’s USDA and FSIS lead, works with meat, poultry, and egg products establishments when inspection problems can threaten production. For those plants, USDA compliance lives on the production floor. FSIS inspectors verify it while the line is running, often every shift. FSIS finds problems during production through the inspection staff assigned to

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FDA compliance

What Is FDA Compliance? A Practical Guide for Regulated Businesses

Most companies meet the phrase “FDA compliance” on a bad day. An investigator leaves a Form 483 on the table after a plant walkthrough, or a buyer’s diligence checklist asks for records nobody kept, and the abstract idea suddenly has teeth. So here is the working definition, and then the part that actually decides outcomes.

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How to Apply for USDA FSIS Inspection and Obtain a Grant of Inspection

If your business produces meat, poultry, or egg products for commercial sale, federal law requires you to obtain a grant of inspection from USDA’s Food Safety and Inspection Service (FSIS) before you can legally operate. In September 2025, FSIS published new guidance — FSIS-GD-2025-0005 — to help applicants work through the application process. That guidance

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USDA labeling requirements

USDA Labeling Requirements in 2026: Complete Guide for Meat, Poultry & Egg Products

Your meat or poultry processing facility produces premium products with exceptional quality control and safety standards. Yet one USDA labeling violation can trigger product recalls, establishment shutdowns, and regulatory sanctions that destroy years of brand development and market positioning. With FSIS ramping up enforcement actions heading into 2026, even minor labeling errors now carry greater

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DOJ RFI Seeks Input on State Laws Affecting the National Economy; Opportunity to Address State Patchwork Impacting the Food Industry

On August 15, 2025, the U.S. Department of Justice (DOJ), a Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Commerce (RFI). The RFI requests public input on state laws, regulations, and practices that significantly and negatively affect the national economy or interstate commerce. The feedback

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FDA Recent Announcements: Proposed Front-of-Package Nutrition Labeling & Revoking Red Dye No. 3

Last week, the U.S. Food and Drug Administration (FDA) made two major announcements pertinent to industry and consumers. First, on January 14, 2025, FDA issued a pre-published notice of proposed rulemaking to require front-of-package nutrition labels (FOP) on most foods that bear a Nutrition Facts label. If finalized as proposed, the rule would require a

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Priority Deliverables For 2025 Under the New Unified Human Foods Program

On October 30, 2024, the U.S. Food and Drug Administration’s (FDA or Agency) Unified Human Foods Program (HFP or Program) released its Fiscal Year (FY) 2025 Priority Deliverables (the Deliverables). The Deliverables are areas, and subareas, that the HFP plans to prioritize in FY 2025: • Microbiological Safety: Preventing and addressing foodborne illness• Food Chemical

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