Bethesda, MD - Schulman Bhattacharya, an international law firm based in the Washington, D.C. area, has announced its recent victory in a false advertising lawsuit in Wisconsin federal court. The firm secured a summary judgment for ExeGi Pharma, LLC and its probiotic product, Visbiome, against competitor Brookfield Pharmaceuticals, LLC.
The United States District Court for the Eastern District of Wisconsin granted ExeGi’s motion for partial summary judgment, finding Brookfield liable on ExeGi's false advertising claims under the Lanham Act. The court found that Brookfield made false statements about its product, “High Potency Probiotic” (HPP), which were literally false as a matter of law. The statements falsely compared HPP to Visbiome, which is composed of a heralded eight-strain probiotic blend created by Professor Claudio De Simone.
In entering the Permanent Injunction, Judge J.P. Stadtmueller noted that ExeGi “prevailed in part on the merits of its claims under federal law for false advertising and under Wisconsin law for unfair competition,” and that without injunctive relief, ExeGi would suffer irreparable harm. As such, Judge Stadtmueller ordered Brookfield and its agents and affiliates to refrain from making false claims comparing HPP to Visbiome in any communication directed at or readily accessible to consumers or intermediaries in the chain of distribution.
Additionally, the court ordered Brookfield to send corrective letters to all consumers and...
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