- Washington, DC
- kkaplan@ofwlaw.com
- (202) 518-6348
Kyla Kaplan leverages her practical experience and knowledge to advise clients on regulatory and compliance matters across a range of innovative issues involving USDA and FDA-regulated food and agricultural law.
Kyla is a food lawyer who assists her clients at every stage of production and distribution. Kyla works with the OFW Law team to predict, direct, and respond to various federal laws and regulations. From farm to table, Kyla helps to mitigate risk and respond to challenges before and as they arise.
She brings a unique perspective gained from working with industry leaders as well as experience collaborating with federal and state agencies. Kyla’s background spans corporate, governmental, and nonprofit sectors, equipping her to guide clients through complex regulatory landscapes and rapidly evolving challenges in the food and agriculture industries.
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. Kyla’s background enables her to advise industry and product experts as they launch products, ensure ongoing compliance in the market, and address emerging challenges proactively.
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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.
- Assisting in the entire trademark process, including
developing, filing, and maintaining trademarks with the USPTO, and in addition, assisting with trademark infringement issues.
- Handling general food safety and food recall situations, including assisting in communicating with the public and the agency to resolve potential issues and 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, Sanitary Transport Rule, Prevention of Intentional Adulteration, and Produce Safety Rule.
- Assisting with Food Contact Notifications (FCN) and Generally Recognized as Safe (GRAS) designations for both human and animal foods.
- 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 Stockyards Act.
Assisting with Federal crop insurance, agriculture programs, cases before the National Appeals Division (NAD), arbitration/related litigation, and 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 packaging, state additive bans, 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 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
News & Insights
USDA-FSIS Publishes Guidance on Applying for Federal Inspection
Suppose you are interested in producing meat, poultry, and/or egg products for commercial sale. In that case, chances are you will be required to apply
August Food and Agriculture Regulatory Recap
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
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