Federal case from South Dakota. In 2025, a high-stakes legal battle unfolded in the U.S. Court of Appeals for the Eighth Circuit, centering on a label most consumers take for granted: “Product of USA.” The case, Taylor v. JBS Foods USA,[1] pits South Dakota ranchers against the nation’s “Big Four” meatpackers (JBS, Tyson, Cargill, and National Beef) in a fight that could redefine the financial future of American agriculture. For years, federal policy allowed beef to be labeled “Product of USA” even if the animal was born, raised, and slaughtered abroad, provided the meat was merely packaged or processed in a domestic facility. The lawsuit alleges that this practice is a deceptive market manipulation that has depressed domestic cattle prices by 40 percent since 2015. They argue that while packers pocket premiums from the “USA” brand, American producers lose billions in revenue to cheaper, mislabeled foreign imports.  The litigation gained massive momentum in January 2025, when a South Dakota District Court denied the packers’ motion to dismiss. This was followed by a significant intervention in August 2025 when a bipartisan coalition of 11 state attorneys general filed an amicus brief supporting the ranchers.

Parties’ arguments. A central pillar of the ranchers’ argument is the USDA’s new Final Rule, which took effect on January 1, 2026.Under this rule, the “Product of USA” label is strictly reserved for beef from animals born, raised, slaughtered, and processed entirely within the United States. While the rule isn’t retroactive, the ranchers and state AGs argue it serves as a federal admission that the previous labeling policy was “erroneous” and inherently misleading.

The meatpackers argue that because the USDA previously approved their labels, state-level consumer protection and antitrust laws are “preempted” (superseded) by federal law.They cite a 2022 Tenth Circuit ruling[2] that dismissed a similar case on these grounds. The ranchers contend that the Federal Meat Inspection Act (FMIA) explicitly prohibits “misbranding.” They argue that the states have concurrent authority to enforce truth-in-labeling when a federal agency’s informal guidance conflicts with the clear statutory requirement that labels must not be false or misleading.

Implications. If the Eighth Circuit sides with the ranchers, it would set a precedent allowing states to police deceptive corporate practices even when those practices enjoyed prior federal “stamps of approval.” For consumers, it promises a future where the label on the package finally matches the reality of the ranch.


[1] No. 3:23-cv-03031-ECS, 2025 U.S. Dist. LEXIS 9594 (D. S.D. Jan. 15, 2025).

[2] Thornton v. Tyson Foods, Inc., 28 F.4th 1016 (10th Cir. 2022).

Photo of Roger McEowen Roger McEowen

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the…

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the Director of the ISU Center for Agricultural Law and Taxation (CALT), which he founded.  Under his leadership, CALT utilized no taxpayer funds in its operations and fully funded staff salaries and benefits, as well as office rent, equipment and supplies, and travel costs from funds generated by seminars and other education-related events and materials.  At ISU he also introduced an agricultural law course into the undergraduate curriculum initially as an experimental course, ultimately building the course from the ground-up to almost 100 students in attendance by the spring semester of 2015.  He was also the highest rated speaker at the annual fall CALT tax schools every year through 2015.  Before joining Iowa State in 2004, he was an associate professor of agricultural law and extension specialist in agricultural law and policy at Kansas State. From 1991-1993, McEowen was in the full-time practice of law with Kelley, Scritsmier and Byrne in North Platte, Nebraska.

McEowen also teaches an undergraduate course in agricultural law at Kansas State University, and has been a visiting professor of law at the University of Arkansas School of Law in Fayetteville, Arkansas, teaching in both the J.D. and L.L.M. programs. He has also previously taught at Washburn Law School and the Drake University School of Law Summer Institute in Agricultural Law.

He has published scholarly articles in the Journal of Agricultural Taxation and LawIndiana Law ReviewDrake Journal of Agricultural LawNorth Dakota Law ReviewNebraska Law ReviewMonthly Digest of Tax ArticlesTax Notes, West’s Social Security Reporting System, Toledo Law ReviewWashburn Law JournalCreighton Law ReviewAgricultural Law Update, and the Agricultural Law Digest. He is the author of Principles of Agricultural Law, an 850-page textbook/casebook that is updated twice annually, and a second 300-page book on agricultural law. His Agricultural Law and Taxation Blog, part of the Law Professor Blogs Network, contains approximately 130 detailed and fully annotated articles annually and is the most widely read agriclultural law and taxation blog online.  In mid-2017, Prof. McEowen’s new book, Agricultural Law in a Nutshell, was published by West Academic Publishing Co.  McEowen also authors the monthly publication, “Kansas Farm and Estate Law.” In addition, he co-authors Bureau of National Affairs (BNA) Tax Management Portfolios on the federal estate tax family-owned business deduction and the reporting of farm income, and is the lead author of a BNA portfolio concerning the income taxation of cooperatives.  He is also the Editor of the Iowa Bar Tax Manual, and Estate Planning for Farmers and Ranchers and Family Business Organizations, both Thomson/West publications.

Prof. McEowen conducts approximately 80-100 seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals. He also conducts two radio programs each airing twice monthly heard across the Midwest and on the worldwide web.  In addition,his two-minute radio program, “The Agricultural Law and Tax Report,” is heard each weekday by over 2 million listeners on farm radio stations from NY to CA as well as SiriusXM 147. He also can be seen as a weekly guest on RFD-TV where he discusses various agricultural law and tax topics with the RFD-TV hosts.

In 2003, McEowen was named the recipient of the American Agricultural Law Association (AALA) Distinguished Service Award, becoming the youngest recipient in AALA history.  He is also the recipient of the AALA’s award of excellence for professional scholarship. In 2006, McEowen was named the President-Elect of the AALA.

He received a B.S. with distinction from Purdue University in Management in 1986, an M.S. in Agricultural Economics from Iowa State University in 1990, and a J.D. from the Drake University School of Law in 1991.

He is a member of the Iowa and Kansas Bar Associations and is admitted to practice in Nebraska. He is also a past member of the AALA Board of Directors.