Justin J. Prochnow: Lawyer with Greenberg Traurig, LLP

Justin J. Prochnow

Denver,  CO  U.S.A.

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AV® Preeminent

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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
Contact InfoTelephone: 303.572.6562
Fax: 303.572.6540
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 American Bar Association; The Colorado Bar Association; Denver Bar Association.

BornJanuary 9, 1969

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

· Reviewing labeling, advertising and marketing materials to ensure compliance with the applicable state and federal statutes and regulations

· Advising companies about the introduction of new products into the U.S. marketplace

· Advising companies regarding contacts with the FDA, including FDA Warning Letters, inspections and investigations

· Counseling companies regarding compliance with Good Manufacturing Practices (GMPs), including the implementation of SOPs and other testing requirements

· Assisting companies with the decision to initiate voluntary recalls and facilitating cooperation and communication with the FDA

· 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

· Defending companies in private actions for statutory violations, including Consumer Protection Act, RICO and Lanham Act violations, as well as common law claims, including fraud and breach of contract

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.)

Awards & Recognition

· Listed, Super Lawyers magazine, Colorado Super Lawyers, "Rising Star," 2009

· Rated, AV Preeminent® 4.8 out of 5

Professional Experience


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

Publications & Presentations

Articles, Lectures & Publication s


· 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

· Author, "Prescription Drug Advertising: The FDA's Continuing Efforts to Regulate and Clarify Drug Ads," Transdermal, November 2011

· Author, "Navigating the Landscape of Structure/Function Statements," Tablets and Capsules, October 2011

· Author, "Labels from a Regulatory Perspective," Natural Products INSIDER, October 2011

· Author, "Gulp! Beverage Backlash," Nutritional Outlook, September 2011

· Author, "The Science of Substantiation," Beverage Spectrum, September 2011

· Author, "Endorsements and Testimonials: What Companies Need to Know," Natural Products INSIDER, August 2011

· Author, "Global Regulations: Preparing for FDA Facility Inspections," Nutritional Outlook, July/August 2011

· Author, "NDI Guidance: Tempest in a Teapot or a Sign of Impending Doom?" Nutritional Outlook, July/August 2011

· Author, "Weight Management: Hot Claims to Cool Substantiation," Prepared Foods, July 2011

· Author, "Endorsements Testimonials and the FTC," Beverage Spectrum, June 2011

· Author, "Global Regulations: Why is FDA Reluctant to Define 'Natural'?" Nutritional Outlook, June 2011

· Author, "Formulating Products for Kids," Prepared Foods, May 2011

· Author, "Innovative Beverages Enter New Grounds," Prepared Foods, May 2011

· Author, "Testify! Keys to the Legal Use of Testimonials and Advertisements," Natural Products INSIDER, April 25, 2011

· Author, "Dietary Supplement Packaging: Green Light," Nutritional Outlook, January/February 2011

· Author, "Structure/Function Statements," NutraSolutions.com, November 2010

· Author, "Regulation of Drug Advertising: The Bad Ad Program," Transdermal, November 2010

· Author, "Recall Redux: 2010," Natural Products INSIDER, October 11, 2010

· Author, "FTC Releases Green Guides Revisions," Natural Products INSIDER, October 6, 2010

· Author, "Weight-Loss Claims: Trimming the Fat," Nutritional Outlook, October 2010

· Author, "Corn Syrup, The FDA & the Market," Beverage Spectrum, September 2010

· Author, "FTC Sharpening Focus on Ads Marketing Food to Children," Natural Products INSIDER, September 13, 2010

· Author, "Growing Concern - Beverage Companies Go on the Offensive Against Obesity," Nutritional Outlook, July/August 2010

· Featured, "Tips to Help Make Sure Products Are as 'Green' as They Claim," KDVR FOX 31 News, July 2010

· Author, "Clearing the Regulatory Hurdles to Bring a Supplement Product to Market," Tablets and Capsules, July 2010

· Author, "The Highs and Lows of Nutrient-Content Claims," Natural Products INSIDER, April 21, 2010

· Author, "Is It Getting Hot in Here?" Nutritional Outlook, March 23, 2010

· Author, "Drawing the Line - New Draft Guidance Could Mean FDA May Become More Discriminating of Liquid Supplements and Beverages," Nutritional Outlook, January/February 2010

· Author, "Environmental Advertising Claims," Food Product Design, February 11, 2010

· Author, "Food Safety Issues: Reportable Food Registry," Natural Products INSIDER, January 5, 2010

· Author, "Reporting Food Safety Issues," Food Product Design, December 3, 2009

· Author, "Revised FTC Guides on Endorsements - Enforcement of Blogging," Natural Products INSIDER, November 9, 2009

· Author, "FDA Intensifies Scrutiny of Internet Claims," Natural Products INSIDER, July 20, 2009

· Author, "Understanding the Logistics of Recalls (Total Recall)," Natural Products INSIDER, July 1, 2009

Speaking Engagements

· 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

· Speaker, "Good Science, Good Brands" and "Brand Building through Causes and Celebrities - Keeping It Real," BevNET Live, Santa Monica, CA, December 2011

· Speaker, "How to Legally Use Testimonials and Endorsements to Market and Advertise Products," SupplySide West, Las Vegas, NV, October 2011

· Presenter, "Advertising Law in 2011 - Substantiating Advertising Claims: The Green Guides," CLE in Colorado, September 9, 2011

· Speaker, "Relaxation Drinks: Boom or Bust" and "Labeling in Focus," BevNET Live, New York, NY, June 2011

· Speaker, "Green Science Primer: Essential Tools to Effectively Substantiate Claims," ACI Green Marketing Compliance Summit, Chicago, IL, May 25, 2011

· Speaker, "Regulation and Beverage Marketing: Top Concerns," BevNET Live, Santa Monica, CA, December 2010

· Speaker, "Current Issues in the Beverage Business," BevNET Live, New York, NY, June 2010

· Speaker, "Going Green and Telling the Consumer," SupplySide East, Secaucus, NJ, April 2010

· Speaker, "The Recall Playbook: Offense and Defense," Grocery Manufacturers Association Food Claims and Litigation Conference, Austin, TX, February 2010

· Speaker, "Total Recall: The ABCs of Voluntary Recalls in the Food and Beverage, Dietary Supplement and Cosmetic Industries," SupplySideWest, Las Vegas, NV, November 2009

· Speaker, "The Ins and Outs of Labeling Law: Getting Your Product into the U.S. Market," Expo West, Anaheim, CA, March 2009

· Speaker, "Getting Your Product Ready for the Market: The Law of Labeling," Expo West, Anaheim, CA, March 2008

· Speaker, "FTC Regulation of Dietary Supplement Advertising and the Effects of Codex Regulations on U.S. Dietary Supplement Laws," Expo West, Anaheim, CA, March 2005


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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