The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case
There are numerous excellent papers on probiotics and food supplements’ authenticity and safety, but this article is unique compared to the others. It summarizes judicial events regarding the authenticity of a probiotic formulation (the De Simone Formulation (DSF)) commercially available under the t...
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Format: | Article |
Language: | English |
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Taylor & Francis Group
2022-12-01
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Series: | CyTA - Journal of Food |
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Online Access: | https://www.tandfonline.com/doi/10.1080/19476337.2022.2141344 |
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author | Claudio De Simone |
author_facet | Claudio De Simone |
author_sort | Claudio De Simone |
collection | DOAJ |
description | There are numerous excellent papers on probiotics and food supplements’ authenticity and safety, but this article is unique compared to the others. It summarizes judicial events regarding the authenticity of a probiotic formulation (the De Simone Formulation (DSF)) commercially available under the trademark VSL#3® until 2016. In 2019, the U.S. District Court found the distributors of the “new” VSL#3® liable for having sold an untested “copy product” different from the DSF. The jury required one of the distributors to pay the owner of the DSF $15 million dollars, and the District Court entered judgment in this amount. The District Court’s monetary judgment was affirmed by the U.S. Court of Appeals in 2021. This article arises from this judicial affair to examine the rules and regulations protecting patients and doctors from misrepresentations and the potential role of class actions brought by consumers to dissuade companies from taking advantage of regulatory deficiencies. |
first_indexed | 2024-04-11T08:05:29Z |
format | Article |
id | doaj.art-0ae5fe6c486c4705ba35ea32b144255c |
institution | Directory Open Access Journal |
issn | 1947-6337 1947-6345 |
language | English |
last_indexed | 2024-04-11T08:05:29Z |
publishDate | 2022-12-01 |
publisher | Taylor & Francis Group |
record_format | Article |
series | CyTA - Journal of Food |
spelling | doaj.art-0ae5fe6c486c4705ba35ea32b144255c2022-12-22T04:35:34ZengTaylor & Francis GroupCyTA - Journal of Food1947-63371947-63452022-12-0120136637310.1080/19476337.2022.2141344The authenticity of probiotic foods and dietary supplements: facts and reflections from a court caseClaudio De Simone0Infectious Diseases, University of L’Aquila (Italy), L’Aquila, ItalyThere are numerous excellent papers on probiotics and food supplements’ authenticity and safety, but this article is unique compared to the others. It summarizes judicial events regarding the authenticity of a probiotic formulation (the De Simone Formulation (DSF)) commercially available under the trademark VSL#3® until 2016. In 2019, the U.S. District Court found the distributors of the “new” VSL#3® liable for having sold an untested “copy product” different from the DSF. The jury required one of the distributors to pay the owner of the DSF $15 million dollars, and the District Court entered judgment in this amount. The District Court’s monetary judgment was affirmed by the U.S. Court of Appeals in 2021. This article arises from this judicial affair to examine the rules and regulations protecting patients and doctors from misrepresentations and the potential role of class actions brought by consumers to dissuade companies from taking advantage of regulatory deficiencies.https://www.tandfonline.com/doi/10.1080/19476337.2022.2141344AuthenticityprobioticsDe Simone formulationVSL#3consumer rightsAutenticidad |
spellingShingle | Claudio De Simone The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case CyTA - Journal of Food Authenticity probiotics De Simone formulation VSL#3 consumer rights Autenticidad |
title | The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case |
title_full | The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case |
title_fullStr | The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case |
title_full_unstemmed | The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case |
title_short | The authenticity of probiotic foods and dietary supplements: facts and reflections from a court case |
title_sort | authenticity of probiotic foods and dietary supplements facts and reflections from a court case |
topic | Authenticity probiotics De Simone formulation VSL#3 consumer rights Autenticidad |
url | https://www.tandfonline.com/doi/10.1080/19476337.2022.2141344 |
work_keys_str_mv | AT claudiodesimone theauthenticityofprobioticfoodsanddietarysupplementsfactsandreflectionsfromacourtcase AT claudiodesimone authenticityofprobioticfoodsanddietarysupplementsfactsandreflectionsfromacourtcase |