Justin J. Prochnow: Lawyer with Greenberg Traurig, LLP

Justin J. Prochnow

Shareholder
Denver,  CO  U.S.A.
Phone303.572.6562

Peer Rating
 4.8/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Litigation
  • Health & FDA Business
  • Advertising
  • Marketing
  • Sweepstakes & Promotions Law
  • Pharmaceutical
  • Federal Regulatory and Administrative Law
  • Medical Device & Health Care Litigation
  • Life Sciences & Medical Technology
  • Government Law & Policy
  • Gaming
  • Proposition 65
  • Class Action Litigation
 
Contact InfoTelephone: 303.572.6562
Fax: 303.572.6540
http://www.gtlaw.com/People/Justin-J-Prochnow
 
University Tufts University, B.A., International Relations/Political Science, 1991
 
Law SchoolArizona State University Sandra Day O'Connor College of Law, J.D., 1994
 
Admitted1994, Colorado; U.S. Court of Appeals for the Tenth Circuit; U.S. District Court for the District of Colorado
 
Memberships 

Professional & Community Involvement

•Co-Chair, Food and Dietary Supplements Committee, FDLI
•Member, American Bar Association
•Member, Colorado Bar Association
•Member, Denver Bar Association
•Member, American Herbal Products Association
•Member, Naturally Boulder
•Member, Natural Products Foundation Legal Advisory Council
•Member, Board of Directors, Junior Achievement
•Member, Board of Directors, Skyline Soccer Association
•Member, MENSA
•Volunteer, Partner Affiliates of Lawyers and Schools (P.A.L.S.)

 
BornJanuary 9, 1969
 
Biography

Justin J. Prochnow focuses his practice on assisting companies with regulatory, business, and legal needs in the beverage, food, dietary supplement, cosmetic, medical device, and OTC industries. Justin works closely with companies to ensure regulatory compliance with statutes and regulations enforced by the Food and Drug Administration, the Federal Trade Commission and other regulatory agencies, including the review of product labels, labeling, advertising, websites and other marketing materials. Justin assists companies with responding to governmental and regulatory actions, including FDA inspections and warning letters, FTC Civil Investigative Demands, and ASRC and NAD cases. Justin prepares and reviews business documents for industry members, including consulting, manufacturing, supply and distribution agreements. Justin and his team also defend industry companies from both governmental agencies and civil litigators in litigation ranging from breach of contract cases to the growing number of class actions alleging false and misleading advertising.

Prior to joining the firm, Justin served as an assistant city attorney in the Denver City Attorney's Office, prosecuting numerous criminal court cases. Justin also was a federal law clerk for United States Magistrate Bruce D. Pringle in Denver, Colorado.

Areas of Concentration

•Advising companies about the introduction and proper classification of products in the U.S. marketplace
•Reviewing labeling, advertising and marketing materials to ensure compliance with the applicable state and federal statutes and regulations
•Facilitating interaction with the FDA, including FDA Warning Letters, inspections and investigations
•Assisting companies with the decision to initiate voluntary recalls and facilitating cooperation and communication with the FDA
•Counseling companies regarding compliance with Good Manufacturing Practices (GMPs), including the implementation of SOPs and other testing requirements
•Facilitating the release of products detained by U.S. Customs and Border Protection and the FDA
•Assisting companies to resolve advertising issues, including investigations initiated by the FTC, NAD and ERSP
•Preparing and reviewing business documents, including manufacturing, distribution and supply agreements
•Defending companies in private actions for statutory violations, including class actions over labeling claims such as All Natural brought pursuant to state Consumer Protection Acts, the Lanham Act or other common law claims

Awards & Recognition

•Team Member, a U.S. News - Best Lawyers Government Relations Law Firm of the Year, 2014
•Listed, Super Lawyers magazine, Colorado Super Lawyers, Rising Star, 2009
•Rated, AV Preeminent 4.8 out of 5

AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Associated News & Events

Press Releases

01.06.16 2 Greenberg Traurig Practices Named Among Law360 Practice Groups of the Year: Real Estate and Food & Beverage
03.05.15 Greenberg Traurig Attorneys to Speak at Natural Products Expo West
02.24.14 Greenberg Traurig's Products Liability & Mass Torts Practice Launches Consumer Products Counselor Blog
10.12.12 Greenberg Traurig Father-Son Team Join Natural Products Foundation Legal Advisory Council
11.30.11 Greenberg Traurig $10,000 Gift Supports Work of Junior Achievement
09.28.11 Greenberg Traurig Shareholder Justin J. Prochnow Named to the Board of Directors of Junior Achievement
01.01.10 Greenberg Traurig Names New Shareholders and Of Counsel
11.09.04 Greenberg Traurig Hires Three New Associates

Published Articles

05.31.15 Managing Weight Management Claims
09.01.14 Preparing a Successful Contract
10.01.13 Regulation of Ingredients: A Novel Approach
09.18.12 Who Makes the Call? Beverage vs. Supplement
08.24.12 Advertising through Social Media: Disclosing the Facts
07.09.12 Contract Manufacturer Contracts
07.01.12 NDI Draft Guidance: A Year Later (subscription)
05.16.12 DMAA: Industry Under Siege
12.03.09 Reporting Food Safety Issues
11.09.09 Revised FTC Guides on Endorsements - Enforcement of Blogging

Alerts

11.05.15 Health & FDA Business Bulletin No.2
09.25.15 NYC Board of Health Amends Health Code to Require High Sodium Warning
09.16.15 FDA Finalizes Food Safety Regs for Preventative Controls, Hazard Analysis
06.01.15 Health & FDA Business Bulletin
12.02.14 FDA Issues Two Final Rules to Help Consumers Keep Track of Calories
05.12.14 Life Sciences & Medical Technology Newsletter, Spring 2014
05.09.14 FTC Reminds Media to Perform a 'Gut Check' Before Accepting Weight-Loss Advertising
03.28.14 California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted
02.28.14 FTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'
01.15.14 FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages

Articles, Publications, & Lectures

Publications

•Author, Managing Weight Management Claims, Natural Products INSIDER, May 2015
•Author, Heart Health - Maintaining and Supporting Proper Claims, Natural Products INSIDER, April 2015
•Author, Managing Weight Management Claims, Natural Products INSIDER, April 2015
•Author, Maintaining, Supporting Joint Health Claims, Natural Products INSIDER, March 2015
•Author, Laying Down the Law on Labeling Food Allergens, Prepared Foods, February 2015
•Author, I Love This Product! Endorsements and Testimonials, FDLI Update, January/February 2015
•Speaker, Legal Year in Review, BevNET Live, Santa Monica, CA, December 8, 2014
•Speaker, Key Legal Issues for New Beverage Brands, BevNET Beverage School 101, Santa Monica, CA, December 7, 2014
•Speaker, Alternative Delivery Systems Workshop: Selecting the Right Technologies, SupplySideWest International Conference, Las Vegas, NV, October 10, 2014
•Panelist, Caffeine, Energy Drinks and Ingredients, SupplySideWest International Conference, Las Vegas, NV, October 8, 2014
•Panelist, Insights on FDA, Compliance and the Future of the Supplement Industry, SupplySideWest International Conference, Las Vegas, NV, October 8, 2014
•Author, Preparing a Successful Contract, Natural Products INSIDER, September/October 2014
•Author, The Supplement Industry's Latest Threat: Class-Action Lawsuits, Tablets and Capsules, July 2014
•Author, 2014 FDA Warning Letters: Key Takeaways, Nutritional Outlook, April 9, 2014
•Co-Author, License to Succeed, Supply Side R&D INSIGHTS, April 2014
•Author, Beverage or Supplement: It's All in the (Re)Presentation, Nutrition Business Journal, March 2014
•Co-Author, California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted, Consumer Products Counselor, March 31, 2014
•Co-Author, California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted, GT Alert, March 28, 2014
•Author, Beverage or Supplement: Consistency is the Name of the Game, BevNET Magazine, March 13, 2014
•Author, Food vs. Supplement: Choosing the Route to Success, FDLI, January/February 2014
•Author, Labels and Liability, Tufts Nutrition magazine, Winter 2014
•Author, Regulation of Ingredients: A Novel Approach, Supply Side R&D INSIGHTS, October 2013
•Author, Gluten-Free, Definitively Speaking, Law Week, August 26, 2013
•Co-Author, Super Food or Super-fraud? When the Attorney General Comes Calling, Food Product Design, June 18, 2013
•Author, Flipping the Switch - Supplement to Beverage, BevNET Magazine, June 4, 2013
•Author, 4 Myths About Caffeine and Energy Products, newhope360.com, May 22, 2013
•Author, Weighing in on Weight-Loss Claims, Natural Products Insider, March/April 2013
•Author, Energy Boom or Energy Crisis? Supply Side Beverage INSIGHTS, February 2013
•Author, Beverages and Liquid Supplements: 2012 Year in Review, Natural Products Insider, November 2012
•Author, Regulating Advertising: The FTC, WholeFoods Magazine, November 2012
•Author, Avoid Claims Court, Prepared Foods, October 2012
•Author, Who Makes the Call? Beverage vs. Supplement, BevNET Magazine, September 6, 2012
•Author, Advertising through Social Media: Disclosing the Facts, Natural Products INSIDER, August 2012
•Author, NDI Draft Guidance: A Year Later, Tablets and Capsules, July 2012
•Author, Contract Manufacturer Contracts, Natural Products INSIDER, July 9, 2012
•Author, Formulando Productos Para NiNos, Industria Alimenticia, May 2012
•Author, The Linguistics of Labeling, Prepared Foods, May 2012
•Co-Author, A Dangerous Threat Facing the Beverage Industry: Class Action Litigation, BevNET Magazine, March 2012
•Author, FDA Enforcement of Dietary Supplement cGMPs, Natural Products Insider, March 2012
•Author, Civil Litigation: Are You Next? Prepared Foods, February 2012

Media

•Presenter, The Dynamics of Artificial and Natural Sweeteners: Regulatory and Legal Issues, Sugar Reduction Webinar Session, Newedge, April 8, 2015
•Featured Speaker, Legal Update - HPP Concerns, and Civil Suits, BevNET Live Conference, December 16, 2013
•Featured Interview, Question & Answer with Justin Prochnow of Greenberg Traurig LLP, BevNET Live Conference, December 16, 2013
•Video Interview, 3 Tips for Legal Endorsements, Natural Products Insider, December 3, 2013

Speaking Engagements

•Speaker, Claims and Endorsement, Food and Beverage University, Boston, MA, September 30, 2015
•Speaker, Using Advertising and Labeling to Make Claims, Rocky Mountain Dietary Supplement Forum, Boulder, CO, September 24, 2015
•Panelist, The Future of Nutritional Labels, Natural Products Expo East, Baltimore, MD, September 17, 2015
•Speaker, Making Claims: How to Aggressively Market Your Product Without Stepping Over the Line, AudioSolutionz webinar, August 6, 2015
•Panelist, Responsibilities and Obligations for Dietary Supplements cGMPs, ACI/CRN Regulatory and Compliance Forum on Dietary Supplements, New York, NY, June 24, 2015
•Panelist and Judge, Marketing Function Claims and New Beverage Showdown, BevNET LIVE, New York, NY, June 2, 2015
•Speaker, Regulation, Trademarks, and Key Filings for Brands, Food and Beverage University, Chicago, IL, April 30, 2015
•Moderator, Labeling Litigation: Strategies for Marketing Products While Avoiding the Courtroom, Natural Products ExpoWest, Anaheim, CA, March 7, 2015
•Moderator, Defining 'Natural': Who Gets to Decide? Natural Products ExpoWest, Anaheim, CA, March 5, 2015
•Speaker, Advertising Endorsements and Testimonials FDLI Food Week, Washington, D.C., February 24, 2015
•Panelist, Menu Labeling Webinar - An In-Depth Look at FDA's Final Rule, FDLI Webinar, January 20, 2015
•Speaker, Labeling Requirements for Natural Food Brands, NEXT Accelerator Training Camp at Expo East, Baltimore, MD, September 17, 2014
•Speaker, Claims, Trademarks and Other Landmines, FBU LA, Los Angeles, CA, September 11, 2014
•Panelist, Evolving Trends in the Dietary Supplement Industry, Perrin Conferences Webinar, June 25, 2014
•Speaker, Staying Out of Jail and the Courtroom - Marketing Products to Sell Without Going Over the Line, Healthy Beverage Expo, Long Beach, CA, May 31, 2014
•Panelist, FDA Inspections and Emerging cGMP Compliance Issues for Dietary Supplements, American Herbal Products Association Teleseminar, May 15, 2014
•Speaker, Beverage School - Trademarks, Labeling and Claims - Key Legal Needs for Beverage Startups, BevNET Live, New York, NY, May 13, 2014
•Speaker, GMOs and Natural Claims Litigation: 5 Ways to Protect Your Company, Natural Products Expo West NEXT, Anaheim, CA, March 7, 2014
•Panelist, Regulatory Rodeo: What Food, Supplement & Cosmetic Companies Need to Know to Stay Out of the Pokey, Natural Products Expo West NEXT, Anaheim, CA, March 7, 2014
•Speaker, Food/Beverage or Supplement? SCIFC, Anaheim, CA, March 6, 2014
•Moderator and Panelist, What Does 'All Natural' Really Mean? FDLI Food Week, Washington D.C., February 13, 2014
•Speaker, Beverage School - Legal Spotlight: Make Claims that Count and Legal Update: HPP Concerns and Civil Suits BevNET Live, Santa Monica, CA, December 8-10, 2013
•Speaker, Caffeine: Not Just in Your Coffee Anymore, SupplySideWest International Conference, Las Vegas, NV, November 14, 2013
•Speaker, Five Aspects of Your Dietary Supplement Label That May Lead to Litigation - and How to Correct Them, CRN Annual Conference, Park City, UT, September 19, 2013
•Panelist, Caffeine: How FDA's Fresh Look Increased Congressional Scrutiny and Potential Litigation Will Affect Your Business, Nutrition Law Symposium, Lehi, UT, September 18, 2013
•Speaker, Beverages 101: Legal and Regulatory Issues, BevNET Beverage School, San Francisco, CA, September 12, 2013
•Speaker, Hot Legal and Regulatory Issues in the Beverage Industry, Healthy Beverage Expo, Las Vegas, NV, June 9, 2013
•Panelist, Fast, Fat Free, or Fraudulent: Latest Developments in False Advertising and Labeling Class Actions, DRI Webinar, April 16, 2013
•Speaker, Beverages 101: Legal and Regulatory Issues, BevNET Beverage School, Chicago, IL, April 10, 2013
•Speaker, Caffeine Labeling: Busting Myths About Caffeine and Energy Products, Nutracon, Anaheim, CA, March 6, 2013
•Panelist, Trends in Litigation, FDLI Food Week, Washington D.C., February 6, 2013
•Speaker, Beverages 101: Intellectual Property Issues, and Key Regulatory and Legal Developments, BevNETLive, Santa Monica, CA, December 2-4, 2012
•Panelist, Doing Business in High-Risk Categories, Council for Responsible Nutrition Webinar, November 10, 2012
•Speaker, Class Action Lawsuits and How to Fight Them, SupplySideWest International Conference, Las Vegas, NV, November 8, 2012
•Speaker, Jackpot Justice Legal Claims (and How to Defuse Them), InterBev 2012, Las Vegas, NV, October 17, 2012
•Speaker, What Does 'All Natural' Really Mean, Class Actions: Plaintiff & Defense Perspectives, Chicago, IL, October 4, 2012
•Panelist, Dietary Supplement Advertising in a Fast Moving World, Council for Responsible Nutrition Webinar, September 12, 2012
•Speaker, Social/Digital Media for Emerging Companies, Linhart Public Relations, Denver, CO, August 13, 2012
•Keynote Speaker, R&D Applications Seminar, Prepared Foods, Chicago, IL, August 2, 2012
•Speaker, Regulatory Issues for Natural Product Companies, Naturally Boulder, Boulder, CO, July 12, 2012
•Speaker, Avoid the Impact of Civil Suits, BevNETLive, New York, NY, June 4-5, 2012
•Speaker, Claims Substantiation and Compliance, SupplySide Marketplace, New York, NY, May 9, 2012
•Speaker, Status Update of NDIs: Winners & Losers and Hot Beverage Issues, Nutracon, Anaheim, CA, March 2012
•Speaker, Health Claims Class Actions - Practical and Strategic Considerations for Businesses, Law Seminars International Telebriefing, February 28, 2012

Clerkship

•Law Clerk, United States Magistrate Judge Bruce D. Pringle, United States District Court for the District of Colorado

 
ISLN913300280
 

Documents by this lawyer on Martindale.com

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NYC Board of Health Amends Health Code to Require High Sodium Warning
Justin J. Prochnow,Nancy E. Taylor, October 1, 2015
On Sept. 9, 2015, the New York City Board of Health voted unanimously to amend the Health Code to require restaurants located in New York City that are part of a chain of 15 or more restaurants to display a warning for food items with high sodium contents. The effective date for compliance is Dec....

FDA Finalizes Food Safety Regs for Preventative Controls, Hazard Analysis
M. Antonio Gallegos,Justin J. Prochnow, September 21, 2015
On Sept.10, 2015, the FDA announced two sets of final regulations which were mandated by the FDA Food Safety Modernization Act (FSMA) of 2011: (1) Preventative Controls and Hazard Analysis for Human Food; and (2) Preventative Controls and Hazard Analysis for Animal Food. The final regulations are...

FDA Issues Two Final Rules to Help Consumers Keep Track of Calories
Justin J. Prochnow, February 17, 2015
The U.S. Food and Drug Administration (FDA) recently finalized two rules requiring that calorie information be listed on menus and menu boards in chain restaurants and similar retail food establishments, as well as on certain vending machines. In announcing the finalization of the two rules, FDA...


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Office Information

Justin J. Prochnow

1200 17th Street, Suite 2400
DenverCO 80202




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