In November of 2018, a federal jury unanimously found that VSL Pharmaceuticals falsely advertised and marketed VSL#3, a probiotic formula that was originally created by Professor Claudio De Simone. Dr. De Simone’s original formulation had undergone extensive studies and was established as a “medical food” for dietary management of gastrointestinal issues, such as ulcerative colitis and irritable bowel syndrome. After Dr. De Simone left VSL, the company launched their own version of VSL#3, which was an untested imitation product, that they sought to market as the original without informing patients or physicians of the change. The Jury awarded over $18 million in damages to Professor De Simone, citing VSL for multiple violations including false advertising under the Lanham Act.
Have you bought the imitation probiotic VSL#3?
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The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including cases involving unfair & deceptive trade practices. More information about our current cases and investigations is available on our blog.