In the early 1990s, I invented the 8-strain, high-potency probiotic which was ultimately studied and sold with the brand name VSL#3^®* from 2002 to 2016. This product was previously distributed under a commercial agreement between VSL Pharmaceuticals, Inc., and myself.

For more than two decades, I have protected the secret formula required to produce this probiotic (also known as the “De Simone Formulation”) to ensure that patients can receive a dependable, high-quality product.

When I terminated my business relationship with the VSL company, my former partners attempted to create a “knock-off” version of my original formulation and began selling it using the same VSL#3^® brand name without disclosing that the knock-off was different from the original formulation. This issue became the subject of recent litigation in U.S. Federal Court. During the course of the trial, extensive scientific data were presented to show that this new VSL#3^® formulation was qualitatively and quantitatively different from my original invention.

On November 20, 2018, a federal jury unanimously found that Alfasigma USA was liable for false advertising when selling the new VSL#3^® to the public.