On Tuesday, Novo Nordisk initiated legal action against Eli Lilly, claiming the company's promotional efforts for its popular obesity and diabetes medications intentionally deceive patients regarding their greater effectiveness compared to Novo's competing products. The company objects to national advertisements that reference what it describes as obsolete study data, using those comparisons to pit the maximum strengths of Lilly's products against the lower dosages of Novo's treatments.
According to the complaint, a newer investigation indicates that the 7.2-mg high-dosage version of Wegovy resulted in an average weight reduction of 47 pounds, a figure deemed "clinically consistent" with the results from the latest stringent study on Zepbound. The suit states that Lilly does reference this higher-dosage Wegovy in a tiny footnote, yet Novo labels that footnote as unclear, confusing, nearly unreadable, and completely insufficient because it fails to convey that the higher dose is considerably more effective than the lower ones.
John Kuckelman, Novo's group general counsel, said in an interview Monday that Lilly's campaigns "leaves them with the inevitable conclusion that Lilly's medicines are superior to Novo's, and that's not accurate." Kuckelman noted that the legal action follows Lilly's rejection of Novo's April cease-and-desist demand to remove or alter specific advertisements.
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Novo has petitioned the U.S. District Court in New Jersey to issue a permanent ban on Lilly's advertisements and mandate that the company disseminate corrective messages. The Danish company is additionally pursuing monetary compensation, although the amount is not specified. Novo further stated it cautioned Lilly that should the advertisements not be taken down on their own, the company intends to request a preliminary injunction within days to halt them right away during litigation.
The lawsuit itself says Lilly's campaign "deprives consumers of the truthful, current, and complete information they need to make informed decisions about their available treatment options."
On Tuesday, Lilly released a statement affirming its strong support for its advertisements. Lilly added that a properly designed and executed head-to-head clinical trial is the best method for comparing drugs, pointing to its own TV campaign that uses such a trial to contrast Zepbound with Wegovy. That trial is the sole research that directly compares the two medications. "It is truthful, it is transparent, and it is grounded in the most direct scientific evidence available - exactly what patients deserve," Lilly said. "We will continue to focus on the science and defend against this lawsuit vigorously."
Additionally, the lawsuit notes that the Zepbound television spot has garnered over 700 million views since its late April debut, highlighting the extent of the competitive damage to Novo.
Novo stated that it is filing both federal and state lawsuits for unfair competition and deceptive advertising, citing the Lanham Act among other statutes. The complaint argues that Lilly's cross-platform marketing on TV and social media is damaging since patients depend on these ads to learn about GLP-1 drugs, whereas doctors can consult complete scientific data.
Novo further contended in the complaint that no direct studies exist that compare the top available doses of Wegovy and Zepbound, meaning Lilly lacks any foundation for asserting its products are superior.
Kuckelman said: "While it may have been accurate to say that before 7.2 milligrams became available for Wegovy, it is no longer accurate to say that. They have, we think, a legal obligation, but even more important, they have a responsibility to patients to share accurate information."
Additionally, the lawsuit claims that Lilly employs a similar tactic in its promotions for Mounjaro and Ozempic, omitting updated information about a higher-dosage version of a Novo drug that received approval over four years ago.
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