Food Distribution & International Trade

False Advertising Defense: The Legal Strategies Companies Need When FDA or FTC Enforcement Strikes

Food Distribution & International Trade, Uncategorized / J. Mason Weeda

Your marketing claims meet industry standards. Your labeling passed internal review. Yet you’ve received an FDA Warning Letter, an FTC demand letter, or worse – notification that the Department of Justice is investigating potential criminal misbranding charges. I know this because enforcement against food, supplement, and consumer product advertising has intensified dramatically in 2025-2026. FDA […]

False Advertising Defense: The Legal Strategies Companies Need When FDA or FTC Enforcement Strikes Read More »

Food, Ag, & Trade Outlook in the Incoming Trump Administration

FDA, Agriculture & Agribusiness, Customs and Trade, Food Distribution & International Trade, For Export, Government Relations, Health Care, Healthcare, USDA, USTR / Ben Dash

The food, agriculture, and trade sectors are aware the Trump Administration could bring myriad policy changes that could have a significant impact on business. OFW Law provides an initial outlook at the new administration’s approach to food, agriculture, and trade, which will be influenced by individual cabinet and other executive branch appointments who will

Food, Ag, & Trade Outlook in the Incoming Trump Administration Read More »

Upcoming State Effective Dates for PFAS in Food Packaging

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

Food manufacturers should be aware of some upcoming compliance deadlines in various states that have banned Per- and polyfluoroalkyl substances (“PFAS”) in food packaging. Although federal regulators, like the U.S. Environmental Protection Agency (“EPA”) and the U.S. Food and Drug Administration (“FDA”), are focused on individual PFAS chemicals (like PFOA and PFOS) due to health

Upcoming State Effective Dates for PFAS in Food Packaging Read More »

OFW and AFI Invite You to a Food Industry Update: Trends in Customs and Trade and Litigation

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, Litigation / Firm Announcement

Thursday, September 21 from 12:00 – 1:00 p.m. Click here to register for this event. Space is limited. In today’s global economy, the regulatory and legal landscape can change quickly. OFW will provide a high-level review of customs and trade and litigation trends that could affect product compliance and liability, and the ability to market

OFW and AFI Invite You to a Food Industry Update: Trends in Customs and Trade and Litigation Read More »

Antidumping and Countervailing Duties Petitions Filed on Pea Protein from China (8/30/23 Update)

Food Distribution & International Trade / Jessica Rifkin

** 8/30/2023 UPDATE ** On August 28th, the U.S. International Trade Commission (ITC) issued a preliminary determination that the U.S. domestic industry is being materially injured by imports of pea protein from China. In light of this decision, the next step in the investigations is the U.S. Department of Commerce’s issuance of preliminary determinations as

Antidumping and Countervailing Duties Petitions Filed on Pea Protein from China (8/30/23 Update) Read More »

OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Government Relations, OFW Law News, USDA / Ben Dash

OFW Law’s Ken Ackerman was featured in an Agri-Pulse article discussing the Agricultural Foreign Investment Disclosure Act (AFIDA). In the article, “While Foreign Purchases of US Land Surge, USDA’s Reporting Penalties Plunge,” Mr. Ackerman discussed his experience in representing clients on AFIDA matters. AFIDA is a law administered by USDA’s Farm Service Agency (FSA). Under

OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse Read More »

SEC Stock Promotion Scheme Charges Against the Cannabis Industry

Cannabis, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

In October, the United States Securities and Exchange Commission (SEC) announced that it would be charging two (2) cannabis companies, Emerald Health and HighTimes, and six (6) associated individuals who worked with the companies, for their involvement in “stock promotion schemes.” Stock promotion schemes are “fraudulent schemes to promote the securities of issuers that were

SEC Stock Promotion Scheme Charges Against the Cannabis Industry Read More »

Food Security a Priority at UN

Public Policy, Agriculture & Agribusiness, Food Distribution & International Trade, For Export, Government Relations / Marshall Matz and Elisa Bayoumi

Today, September 21, 2022, at the United Nations General Assembly, President Biden announced $2.9 billion in assistance to address global food insecurity and urged other countries to follow suit. President Biden stressed: “If parents cannot feed their children, nothing else matters.” This announcement comes as the Biden administration is taking serious steps to combat

Food Security a Priority at UN Read More »

ESG Disclosure/Reporting Continues to Trend Across Food, Agriculture, and Medical Device Sectors

FDA, Food Distribution & International Trade, USDA / Kyla S. Kaplan

In 2022, Environmental, Social, Governance (ESG) disclosure, claims, and reporting has been a popular topic in the United States. ESG has several definitions, but at its’ core ESG ideals focus on sustainability, diversity, climate and carbon emissions, waste, labor conditions, and ethical governance, among other matters. OFW Law has written about ESG before in the

ESG Disclosure/Reporting Continues to Trend Across Food, Agriculture, and Medical Device Sectors Read More »

July Food and Agriculture Regulatory Recap

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from July that we took note of. If you have any questions or would like more information, please

July Food and Agriculture Regulatory Recap Read More »

June Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from June that we took note of. If you have any questions or would like more information, please

June Food and Agriculture Regulatory Recap Read More »

As Operational Guidance Becomes Available; The Uyghur Forced Labor Act Goes Into Effect

Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

The “Uyghur Forced Labor Prevention Act” (the UFLPA) went into effect this past Tuesday, June 21, 2022. The UFLPA creates a rebuttable presumption that “any goods, wares, articles, and merchandise mined, produced, manufactured wholly or in part” in the Xinjiang Uyghur Autonomous Region (Uyghur Region) of China are produced with forced labor and therefore are

As Operational Guidance Becomes Available; The Uyghur Forced Labor Act Goes Into Effect Read More »

May Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, USDA / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from May that we took note of. If you have any questions or would like more information, please

May Food and Agriculture Regulatory Recap Read More »

April Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, EPA, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA, USDA FSIS / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from April that we took note of. If you have any questions or would like more information, please

April Food and Agriculture Regulatory Recap Read More »

Federal Cannabis Legalization & Regulation: A Timely Discussion of The Mace States Reform Act

FDA, Cannabis, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

Background By the end of 2021, ninety-one percent of Americans reported favoring some form of marijuana legalization. To date, eighteen (18) states and Washington, DC, have legalized adult recreational use of marijuana, and thirty-seven (37) states and four (4) territories have medical use programs. More states will likely be expanding access to marijuana with ballot

Federal Cannabis Legalization & Regulation: A Timely Discussion of The Mace States Reform Act Read More »

March Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from March that we took note of. If you have any questions or would like more information, please

March Food and Agriculture Regulatory Recap Read More »

Infant Formula Recall Triggers Concerns for WIC Beneficiaries

Food Manufacturing, Processing, and Marketing, Agriculture & Agribusiness, Food Distribution & International Trade, SNAP, USDA / Stewart D. Fried

On February 17, 2022, following consumer complaints relating to the presence of pathogens in Similac, Alimentu, and EleCare, Abbott issued a voluntary recall for certain lots of those powdered infant formula products. Abbott’s recall is broad, applies to all distribution levels (domestic and international), and includes all lots manufactured in its Sturgis, Michigan facility with

Infant Formula Recall Triggers Concerns for WIC Beneficiaries Read More »

January Food and Agriculture Regulatory Recap

USDA, Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA FSIS / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from January that we took note of. If you have any questions or would like more information, please

January Food and Agriculture Regulatory Recap Read More »

“Top Legal and Regulatory Issues for Food and Beverage Companies in 2022” Online Seminar Hosted by OFW Law and the Food Institute

FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Bruce Silverglade

OFW Law and the Food Institute will host a special four-part virtual seminar Feb. 16-17, 2022 on some of the top legal and regulatory issues facing food and beverage companies. Click to Register Early Bird and Group Discounts Available! Day 1 – The Agenda: Session 1: Latest FDA Developments on “Healthy”

“Top Legal and Regulatory Issues for Food and Beverage Companies in 2022” Online Seminar Hosted by OFW Law and the Food Institute Read More »

Trademark Modernization Act Took Effect December 18, 2021

Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 (“TMA”) went into effect. By amending the Trademark Act of 1946 (Lanham Act), individuals, businesses, and the United States Patent and Trademark Office (USPTO) now have new tools at their disposal to clear unused trademarks and service marks (hereinafter “marks”) from the Principal/Supplemental

Trademark Modernization Act Took Effect December 18, 2021 Read More »

The National Bioengineered Food Disclosure Standard Is Now in Effect

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, USDA / Kyla S. Kaplan and John G. Dillard

As of January 1, 2022, foods that are deemed “bioengineered” must be accompanied by labels disclosing that the food is bioengineered or contains a bioengineered ingredient. This disclosure requirement is the culmination of a decades-long battle and a legislative compromise over what has been commonly known as “GMO labeling.” After multiple unsuccessful West Coast ballot

The National Bioengineered Food Disclosure Standard Is Now in Effect Read More »

December Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from December that we took note of. If you have any questions or would like more information, please

December Food and Agriculture Regulatory Recap Read More »

Israeli Minister for Agriculture Forer discusses Israeli-US Partnerships in U.S. Visit

Government Relations, Food Distribution & International Trade, Miscellaneous / Ben Dash

On December 2, 2021, the Israeli Minister of Agriculture and Rural Affairs Oded Forer concluded a three-day trip to Washington D.C. to strengthen Israel’s strategic partnership with the U.S. and other regional partners on agricultural issues. This trip included meetings with Senators, the USDA Deputy Secretary Dr. Jewel Bronaugh, and senior executives at the World

Israeli Minister for Agriculture Forer discusses Israeli-US Partnerships in U.S. Visit Read More »

FTC Issues Orders to Major Retailers, Wholesalers, and Product Suppliers Regarding Supply Chain Disruptions

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Tish Eggleston Pahl and Kyla S. Kaplan

On November 29, 2021, the Federal Trade Commission (FTC) ordered nine large retailers, wholesalers, and consumer good suppliers to provide “detailed information” to the FTC. The FTC explains that it is seeking this information to “shed light on the causes behind ongoing supply chain disruptions and how these disruptions are causing serious and ongoing hardships

FTC Issues Orders to Major Retailers, Wholesalers, and Product Suppliers Regarding Supply Chain Disruptions Read More »

USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, Government Relations, USDA, USDA FSIS, USTR / Ben Dash

On Tuesday, November 16th, 2021, the United States Trade Representative (USTR) and the United States Department of Agriculture (USDA) held an informal informational meeting on the General Administration of Customs of the People’s Republic of China’s (GACC) Decrees 248 and 249 affecting U.S. agricultural exports. The Decrees, which were published in 2019, set out new

USTR/USDA Holds Open Meeting to Discuss China Decrees 248 and 249 Read More »

The Potential Time Bomb of African Swine Fever

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, For Export, USDA / John G. Dillard

OFW Law’s John Dillard is a frequent contributor to Farm Journal, the premiere U.S. farm magazine. His latest contribution covers African Swine Fever. African swine fever (ASF) is a nasty bug and it’s getting closer to the U.S. The highly contagious viral infection doesn’t infect humans, but it is 100% fatal to hogs. Countries where

The Potential Time Bomb of African Swine Fever Read More »

October Food and Agriculture Regulatory Recap

Agriculture & Agribusiness, EPA, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Uncategorized, USDA, USDA FSIS / Kyla S. Kaplan

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from October that we took note of. If you have any questions or would like more information, please

October Food and Agriculture Regulatory Recap Read More »

The FOREST Act of 2021 – Senate Bill Prohibiting the Importation of Products Produced on Land Undergoing Illegal Deforestation

Agriculture & Agribusiness, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing / Kyla S. Kaplan

Senator Brian Schatz (D-HI) and Earl Blumenauer (D-OR) announced today the introduction of the “Fostering Overseas Rule of Law and Environmentally Sound Trade Act of 2021” (“FOREST Act”). The text of the FOREST Act is available here. The FOREST Act addresses the environmental and human consequences of illegal deforestation. The addition to the Tariff Act

The FOREST Act of 2021 – Senate Bill Prohibiting the Importation of Products Produced on Land Undergoing Illegal Deforestation Read More »

Opinion: The UN Food Systems Summit by Marshall Matz

Food Distribution & International Trade / Marshall L. Matz

The challenge is daunting. Agriculture must produce enough food to meet the needs of a growing world population while at the same time cope with climate change. The UN Food Systems Summit (FSS) has concluded, so it is fair to ask if it was successful? If you were expecting a few simple recommendations to

Opinion: The UN Food Systems Summit by Marshall Matz Read More »

FTC to Issue Final Rule to Combat “Made in USA” Fraud

Food Distribution & International Trade, Agriculture & Agribusiness, FDA, Food Manufacturing, Processing, and Marketing, Government Relations, USDA, USTR / J. Mason Weeda

On July 1st, the Federal Trade Commission voted 3-2 to publish the final Made in USA Labeling Rule in the Federal Register. The rule is consistent with – and essentially codifies – its prior 1997 Enforcement Policy Statement on U.S. Origin Claims, and provides the agency with enforcement tools to combat fraudulent claims. The rule

FTC to Issue Final Rule to Combat “Made in USA” Fraud Read More »

Opinion: The Code Breaker, CRISPR, and the UN Summit

Food Distribution & International Trade, Public Policy, USDA / Marshall L. Matz

This piece was originally published by Agri-Pulse Communications. As preparations for the United Nations Food System Summit (FSS) get underway in the US and around the world, the respected author Walter Isaacson has released a new book entitled The Code Breaker. Isaacson, well known as a talented historian and biographer, has written eloquently of Albert Einstein, Benjamin

Opinion: The Code Breaker, CRISPR, and the UN Summit Read More »

Biden Administration Releases Executive Order on America’s Supply Chains

Food Distribution & International Trade / Reed Diskey

Throughout the COVID-19 pandemic, Americans have experienced shortages of essential products including food, medicine, personal protective equipment, and components used for manufacturing. In response, on February 24, the Biden Administration issued an Executive Order (EO) on America’s Supply Chains to ensure resilient and secure supply chains for critical and essential goods. The goal of the

Biden Administration Releases Executive Order on America’s Supply Chains Read More »

The UN FOOD SYSTEM SUMMIT: Upside and Downside for US Agriculture

Food Distribution & International Trade, Agriculture & Agribusiness, Government Relations, USDA / Marshall L. Matz and Philip C. Karsting

The UN Food System Summit (FSS), to be hosted by Secretary-General António Guterres as a part of the UN General Assembly this September, is generating increased attention for several reasons: It’s fast approaching. Hunger is on the rise. The new Biden/Harris Administration is committed to international engagement and hunger reduction. US agriculture has much

The UN FOOD SYSTEM SUMMIT: Upside and Downside for US Agriculture Read More »

How Does Buying American Benefit U.S. Food, Agriculture, and Medical Products?

Agriculture & Agribusiness, FDA, Food Distribution & International Trade, Food Manufacturing, Processing, and Marketing, Government Relations, Public Policy, USDA / Tish Eggleston Pahl, Kristin L. McGinty, & Julia K. Johnson

President Biden recently issued an Executive Order (EO) to harness the federal government’s purchasing power to bolster domestic manufacturing. The “Strengthening Buy American Provisions, Ensuring Future of America is Made in America by All of America’s Workers” intends to support American industry and American workers. Overall, this EO looks to close loopholes in existing “Buy American” policies

How Does Buying American Benefit U.S. Food, Agriculture, and Medical Products? Read More »

Oh, SNAP! SNAP Retailers Need to Watch Out for New FNS Entrapment Techniques

Food Manufacturing, Processing, and Marketing, Food Distribution & International Trade, Government Relations, USDA / Stewart D. Fried

For decades, USDA’s Food and Nutrition Service (FNS) has attempted to combat fraud by retailers and beneficiaries in the Supplemental Nutrition Assistance Program (SNAP) with varying success. Fraud levels were dramatically reduced after FNS rolled out the Electronic Benefit Transfer (EBT) system and discontinued the use of paper food stamps more than fifteen years ago.

Oh, SNAP! SNAP Retailers Need to Watch Out for New FNS Entrapment Techniques Read More »