Why the Sellers of VSL#3® Were Found Liable For False Advertising
Following four years of litigation against imitators, Visbiome has emerged victorious and its inventor, Professor Claudio De Simone, has been vindicated for his tireless efforts and ingenuity.
• In the early 1990s, Professor Claudio De Simone invented The De Simone Formulation, a high potency, eight strain probiotic product intended to aid individuals with gastrointestinal distress.
• Professor De Simone’s original partners – VSL Pharmaceuticals and its distributors – previously sold his extensively tested probiotic under the name VSL#3*.
• In 2016, De Simone severed his relationship with VSL Pharmaceuticals. The company then began selling an imitation of the probiotic, instead.
• VSL continued to sell its new product under the name VSL#3*, attempting to pass it off as the same as the original formula, while neglecting to tell customers or physicians about the change.
• In November 2018, a U.S. Federal Court unanimously found VSL liable for false advertising.
• The distributors of VSL#3 filed multiple motions for retrial. All were denied.
• In June 2019, the Court filed a permanent injunction against the distributors of VSL#3, preventing them from linking their imitation to the De Simone Formulation in other ways, such as citing clinical trials that had only been performed on the De Simone Formulation itself.
*VSL#3® is a registered trademark and is manufactured exclusively for VSL Pharmaceuticals, Inc. Visbiome is manufactured exclusively for ExeGi Pharma and is not affiliated with, endorsed by, or distributed by VSL Pharmaceuticals Inc. ExeGi Pharma, LLC and VSL Pharmaceuticals, Inc. are different companies and have no affiliation with each other.