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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Practice Areas

  • Litigation
  • Health & FDA Business
  • Advertising
  • Marketing
  • Sweepstakes & Promotions Law
  • Pharmaceutical
  • 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

•Member, Advisory Board, BevNET

•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 regulatory and business issues primarily in the food, medical device, drug and cosmetic industries. Justin works with dietary supplement, sports nutrition, beverage, conventional food, cosmetic, medical device and OTC drug companies to ensure regulatory compliance with statutes and regulations enforced by the Food and Drug Administration, the Federal Trade Commission and other regulatory agencies. Justin prepares a wide range of business documents for industry members, including manufacturing, supply and distribution agreements. Justin also defends companies from both governmental agencies and private litigants with claims ranging from breach of contract and false advertising to RICO and Lanham Act violations.

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.

Clerkship

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

Articles, Publications, & Lectures

Publications

• Author, Creating 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

• 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, 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

Associated News & Events

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

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

07.20.09 FDA Intensifies Scrutiny of Internet Claims

07.01.09 Understanding the Logistics of Recalls

Alerts

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

01.10.14 Life Sciences & Medical Technology Newsletter, Fall 2013 - Winter 2014

01.08.14 FTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Products

10.11.12 Federal Trade Commission Announces Final Green Guides

10.25.10 FTC Proposes Revised Green Guides

03.24.10 GT Health Care Newsletter

07.16.09 Increased FDA Internet Scrutiny of Web Traffic Tools

 
ISLN913300280
 

Documents by this lawyer on Martindale.com

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FTC Reminds Media to Perform a 'Gut Check' Before Accepting Weight-Loss Advertising
Justin J. Prochnow, May 19, 2014
The Federal Trade Commission (FTC) kicked off the year with a press conference to announce “Operation Failed Resolution,” which was initiated as part of the FTC’s ongoing effort to stop misleading claims for products promoting easy weight loss and slimmer bodies. In addition to...

California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted
Anthony J. Cortez,James Mattesich,Justin J. Prochnow,Greg Sperla, April 3, 2014
The California Office of Environmental Health Hazard Assessment (OEHHA) announced on March 7, 2014, that it is considering implementation of the most significant changes to Prop. 65 regulations in more than two decades. OEHHA has posted the draft regulation and Initial Statement of Reasons on its...

FTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'
Justin J. Prochnow, March 4, 2014
On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive...



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Office Information

Justin J. Prochnow

1200 17th Street, Suite 2400
DenverCO 80202




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