Profile
Jim Prochnow concentrates his practice on Food and Drug Administration (FDA), Federal Trade Commission (FTC), and Drug Enforcement Agency (DEA) actions, advice and related litigation, which includes import detentions, government inspections, investigations and defense of class actions. He also counsels clients about MLMs, regulatory issues associated with cosmetics, dietary supplements, homeopathic drugs, Over-the-counter (OTC) drugs, the use of CBD oil in products, the protocols and contracts associated with clinical trials, and cGMP compliance.
Concentrations
- Defense of Federal Trade Commission, and National Advertising Division and foreign governmental investigations concerning false and misleading advertising and alleged pyramid schemes.
- Advice on aggressive marketing without violating advertising laws. This includes website and social media review and strategy.
- Food and drug regulatory law, with emphasis on dietary supplements, OTC drugs, cosmetics, medical foods and homeopathic drugs.
- Advice about FDA inspections, warning letter and defense of FDA enforcement actions: a review of clinical study reports.
- Multi-level marketing agreements, related advice and litigation.
- Preparation of ingredient formulation, manufacturing, and distribution agreements.
- General IP advice with respect to patents, trade secrets, and trademarks, particularly for companies in the food and dietary supplement industries.
Capabilities
Health Care & FDA Practice
Federal Regulatory & Administrative Law
Marketing, Advertising, Sweepstakes & Promotions Law
Life Sciences & Medical Technology
Food, Beverage & Agribusiness
Pharmaceutical, Medical Device & Health Care
Proposition 65 & Green Chemistry
Pharmaceutical, Medical Device & Health Care Litigation
International Arbitration & Litigation
Experience
- Former White House Lawyer On Watergate Defense Team
- Former U.S. Department of Justice Trial lawyer, with Emphasis on Constitutional law and Civil Litigation
Recognition & Leadership
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
- Team Member, a Law360 “Food & Beverage Practice Group of the Year,” 2015
- Rated, AV Preeminent® 5.0 out of 5.0
- Member, Natural Products Association
- Member, American Herbal Products Association
- Member, American Botanical Council
- Member, United Natural Products Alliance
- Member, American Bar Association
- Member, Colorado Bar Association
- Member, Denver Bar Association
- Member, Federalist Society
- Former trial attorney with the U.S. Department of Justice in Washington, D.C.
- Former White House staff lawyer -Watergate
- Former Adjunct Professor of Law at the University of Denver: Food and Drug Law
Credentials
Education
- J.D., Mitchell Hamline School of Law, 1969
- B.A., Hamline University, 1965
Admissions
- Colorado