Justin Prochnow

Photo of Justin Prochnow

Justin J. Prochnow focuses his practice on regulatory and business issues primarily in the food, medical device, drug and cosmetic industries.

Latest Articles

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 California Health and Safety Code to require that all California restaurants make the default beverages offered on a children’s menu:…
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  of the revisions to regulations pertaining to the nutrition information are on the FDA website, as well as the final
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 and drink about one-third of their calories away from home and people today expect clear information about the products they…
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 can’t be true and that should prompt a “gut check” for outlets considering weight loss advertisements. The hope is that…
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 stand to be affected by OEHHA’s plans, including those operated out of state, have an opportunity to…
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 draft guidance, the FDA indicates that describing the sweeteners as juice “fail[s] to reveal the basic nature of the food…
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 the Federal Trade Commission’s Bureau of Consumer Protection stated that “[w]hether they’re buying diapers or dishwashers, consumers base their purchasing…
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 Facts panel or Supplement Facts panel (changes to include trans fats information were initiated in 2006.) First Lady Michelle Obama…