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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Bibliographic Details
Main Author: Claudio De Simone
Format: Article
Language:English
Published: Taylor & Francis Group 2022-12-01
Series:CyTA - Journal of Food
Subjects:
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
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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.
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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
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