Justin J. Prochnow

Justin J. Prochnow assists 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. This includes 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. He 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.

On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the prevention or treatment of the Coronavirus Disease 2019 (COVID-19). In addition to issuing the joint warning letters, the FDA issued a press release announcing the actions taken … Continue Reading

Hard, Hazy and Maybe Healthy—With a Chance of Liability and Litigation

By Kathleen M. Kline and Justin J. Prochnow on March 3, 2020 Posted in Food & Beverage Industry, Food Litigation

A few different trends have emerged over the past year or so in the field of craft beer, and in related industries. Indeed, the alcoholic beverage landscape looks much different as we enter 2020 than it did at the beginning of last decade. Hazy IPAs have surged in popularity, as have hard seltzers. Breweries have … Continue Reading

State of California Passes Law Limiting Sugary Drinks Offered in Children’s Meals

By Justin J. Prochnow and Michael R. Goodman on February 11, 2019 Posted in California, Food & Beverage Industry, GT Alert

On Jan. 1, 2019, a new law aiming to limit children’s intake of sugary beverages became effective. California Governor Gavin Newsom signed the “Children’s Meals” law on Sept. 20, 2018, in an effort to combat the rising obesity rate in California, which increased 250 percent between 1990 and 2016. The Children’s Meals law modifies the … Continue Reading

FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements

By Justin J. Prochnow and Nancy E. Taylor on May 27, 2016 Posted in Alert, Consumer Safety, FDA, Food & Beverage Industry

On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the Supplement Facts panel on the labels of dietary supplements. The final regulations were published in the Federal Register on May 27, 2016. The final version … Continue Reading

FDA Issues Rules to Help Consumers Monitor Caloric Intake

By Justin J. Prochnow on December 2, 2014 Posted in Advertising, Consumer Safety, FDA, Food & Beverage Industry

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 Commissioner Margaret A. Hamburg, M.D. stated that “Americans eat … Continue Reading

FTC Urges Media to Review Weight-Loss Advertising Before Accepting

By Justin J. Prochnow on May 13, 2014 Posted in Advertising, FDA, Federal Trade Commission

With summer around the corner, the Federal Trade Commission (FTC) is reminding publishers, broadcasters, and other media of the ways to spot phony weight-loss claims when screening ads for publication. The reissued guidance entitled, “Gut Check: A Reference Guide for Media on Spotting False Weight-Loss Claims,” details seven weight loss claims that the FTC asserts … Continue Reading

California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures – Dietary Supplements and Foods Specially Targeted

By Justin J. Prochnow on March 31, 2014 Posted in Consumer Safety, Food & Beverage Industry, Food Litigation, Manufacturing, Product Safety, Prop 65

Prepared by James Mattesich, Justin Prochnow, Anthony Cortez and Greg Sperla. 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 Proposition 65 regulations in more than two decades. Because OEHHA’s proposals are currently in the preliminary stages, businesses that … Continue Reading

The Name Game: FDA Revisits its 2009 Draft Guidance on ‘Evaporated Cane Juice’

By Justin J. Prochnow on March 7, 2014 Posted in FDA, Food & Beverage Industry, Food Litigation

The FDA announced yesterday that it is revisiting a draft guidance issued in 2009 that generated a significant amount of class action litigation over the last year. In 2009, the FDA issued a draft guidance outlining its position regarding the use of “evaporated cane juice” to describe sweeteners derived from sugar cane syrup. In the … Continue Reading

FTC Chops ‘Green’ Plastic Lumber Claims and Diaper Claims That Fail to ‘Pass the Smell Test’

By Justin J. Prochnow on March 4, 2014 Posted in Advertising, Consumer Safety, Federal Trade Commission

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 under Section 5 of the FTC Act. Recently, Jessica Rich, Director of … Continue Reading

Don’t Go Changing to Try and Please Me…

By Justin J. Prochnow on February 28, 2014 Posted in Advertising, Consumer Safety, FDA, Food & Beverage Industry

The FDA caused quite a stir this morning by announcing proposed updates to the Nutrition Facts and Supplement Facts information required for packaged foods and dietary supplements. These changes reflect the first significant changes in the 20 years since nutrition information was first required to be placed on labels in the form of a Nutrition … Continue Reading