VSL Pharmaceuticals and its distributors previously sold Professor Claudio De Simone’s 8-strain, high-potency probiotic, which was extensively tested, under the name VSL#3^®*.

When De Simone severed his relationship with VSL Pharmaceuticals, the company began selling an imitation of the probiotic.

Because they continued to sell a new product under the name VSL#3 passing it off as the same as the original formula – knowing that the new formula has never been clinically tested and is not the same as the De Simone Formulation – a jury found the sellers of VSL#3 liable for false advertising.