What can a food brand actually say on its label, website, Amazon listing, or social media without creating unnecessary legal risk?
In this episode of Mile High Makers, Majid Boroujerdi and Jeff Schell sit down with Justin Prochnow, Chair of Food & Beverage at Greenberg Traurig, for a practical conversation about the intersection of marketing, regulation, product claims, and building consumer brands.
Justin explains how founders and marketers should think about the different risks posed by the FDA, FTC, state regulators, and class-action plaintiffs—and why a claim that sounds harmless can sometimes create expensive problems.
In this episode:
– What food, beverage, supplement, and CBD brands can—and cannot—claim
– How FDA and FTC enforcement differs from class-action litigation
– Why vague terms such as “natural,” “clinically studied,” and “GLP-1 friendly” deserve extra scrutiny
– The difference between research on an ingredient and evidence supporting the finished product
– How Amazon’s automated screening can flag product listings based on specific words
– What brands need to know about influencer disclosures and customer testimonials
– How CBD regulation has evolved since the 2018 Farm Bill
– Why distribution agreements can become a major issue as food and beverage brands scale
– How AI can help entrepreneurs and lawyers—and where human judgment is still essential
– Justin’s perspective on Colorado’s food, beverage, and entrepreneurial ecosystem
The conversation is especially relevant for founders, CPG operators, marketers, product developers, and anyone building a regulated consumer brand.
Justin also shares lessons from decades of working with emerging and established companies—and why bringing experienced legal and operating guidance into the business early can prevent much larger problems later.
Mile High Makers is supported by Whiteford, a top-tier law firm with an international reach and a deep bench in the Mountain West.
To schedule a consultation with Jeff Schell, Managing Partner of the Whiteford Mountain West office:
https://schellip.com/book-a-consultation/
#MileHighMakers #FoodBusiness #CPG #Entrepreneurship #FDA #FTC #FoodAndBeverage
source
