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VSL#3 Lawsuit Update: What the January 2027 Settlement Hearing Will Decide

The January 6, 2027 hearing will decide whether the proposed $20 million VSL#3 consumer settlement receives final approval and how the money is distributed. VSL#3 is the probiotic product at the center of the marketing claims in this case. The hearing is set for 2:30 p.m. in Greenbelt, Maryland, in David Starr et al.

v. VSL Pharmaceuticals, Inc. et al., No. 19-cv-02173-LKG. According to the settlement administrator's announcement, Angeion Group via PR Newswire says the court will also decide attorney fees, costs, and service payments.

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What the January hearing will decide

The court will decide whether to grant final approval to the settlement. It will also decide whether to approve the proposed distribution to class members who filed valid claims. The court will consider a request for one-third of the fund in attorney fees plus costs.

It will also consider requested service payments to the named plaintiffs. Payment follows only after final approval. No checks go out if the court denies approval.

Who the settlement covers

The settlement covers people who bought VSL#3 in the United States from June 1, 2016 through June 19, 2019. It applies to purchases for personal use. According to GeneOnline's settlement summary, GeneOnline News reports the same purchase period and personal-use requirement.

Keep receipts, order emails, pharmacy records, or credit-card statements if you still have them. A purchase outside those dates does not qualify. A business or resale purchase does not qualify.

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How much eligible buyers could receive

VSL agreed to pay $20 million into a settlement fund. The net fund goes to class members with valid claims, based on units purchased and adjusted for total claim volume. According to ConsumerLab's August update, ConsumerLab describes payments as $20 per VSL#3 unit claimed.

It also describes higher documented claims, subject to caps and pro-rata adjustment. That means a larger number of approved claims can reduce each payment. A smaller number of approved claims can increase it, within the plan's rules. Payment is expected within about 90 days after final approval.

What to file before October 20, 2026

Eligible buyers must submit an online claim at www.vsl3lawsuit.com by Oct. 20, 2026. A paper form mailed with that postmark also meets the deadline.

The same date controls objections and exclusion requests. An exclusion request lets a person leave the settlement and keep an individual claim. Use this checklist before filing:.

  • Confirm the purchase date falls between June 1, 2016 and June 19, 2019.
  • Count the VSL#3 units bought for personal use.
  • Attach proof for any larger documented claim.
  • Save a copy of the claim confirmation or mailed form.

Why this consumer case followed an earlier verdict

This consumer settlement follows a separate inventor lawsuit over reformulated VSL#3. In that earlier case, a 2018 jury found VSL parties liable for false advertising. According to the plaintiffs' counsel's report on the rulings, Schulman Bhattacharya says the $18 million verdict was upheld.

The firm also reports a June 20, 2019 permanent injunction barring claims that the product contained the original De Simone Formulation. The defendants in the consumer case deny wrongdoing. Doing nothing brings no payment while still releasing the covered marketing claims.


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