Drug Co. Says Emory Prof Backing False Probiotic Claims

Law360 (May 24, 2021, 6:00 PM EDT) -- A probiotic seller has brought Lanham Act claims against a Georgia medical professor over his alleged continuing endorsement of a "poor imitation" product, after winning $18 million against the product makers in a separate case.

ExeGi Pharma LLC, based in Maryland, sued Roberto Pacifici, director of endocrinology at Emory University School of Medicine, in a Georgia federal court on Thursday, wanting at least $10 million in damages. ExeGi said business is being diverted away from its Visbiome probiotic by Pacifici's endorsement of knock-off product VSL#3, made by VSL Pharmaceuticals Inc.

ExeGi won $18 million at trial against VSL Pharmaceuticals and affiliates...

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