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Thursday, April 30, 2026

Visbiome Probiotic Prevails in Landmark False Advertising Lawsuit Against Competitor Brookfield Pharmaceuticals - Yahoo Finance

ROCKVILLE, Md., April 5, 2023 /PRNewswire/ -- ExeGi Pharma, LLC, owner of the Visbiome probiotic, has secured a significant legal victory against Brookfield Pharmaceuticals, LLC. ExeGi alleged that Brookfield engaged in false advertising and unfair competition by promoting its High Potency Probiotic ("HPP") as a generic equivalent of Visbiome. The United States District Court for the Eastern District of Wisconsin ruled in favor of ExeGi, entering summary judgment and finding Brookfield liable for false advertising under the Lanham Act. The court also issued a permanent injunction against Brookfield to prevent the company from making any such false claims in the future.

The court found that the Brookfield HPP product has a different composition than that of Visbiome, and Brookfield attempted to pass off HPP as a Visbiome generic equivalent. In a 44-page opinion, Judge J.P. Stadtmueller found that numerous statements made by Brookfield about HPP were false, including claims that HPP contained "the same strains" and "the same probiotic bacteria" as Visbiome. These statements were found to have violated the Lanham Act, which governs false advertising and unfair competition in commerce.

In an effort to inform those misled by Brookfield's false claims, the Court ordered Brookfield to send corrective letters confirming that HPP is not the generic equivalent of Visbiome and does not contain the same strains of probiotic bacteria as Visbiome. Represented by their attorneys at...



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