Novo Nordisk has initiated legal action against Eli Lilly in a U.S. District Court in New Jersey, alleging false advertising practices. The Danish drugmaker claims that Eli Lilly's advertisements for its weight-loss drugs, particularly Zepbound and the diabetes treatment Mounjaro, inaccurately portray their efficacy compared to Novo's Wegovy and Ozempic. Novo Nordisk asserts that Lilly's ads use lower, older doses of Novo's medications for comparison, while omitting newer, higher-dose versions that show greater weight loss.
Specifically, Novo's general counsel, John Kuckelman, highlighted that Lilly's advertisements suggest Zepbound leads to a weight loss of around 50 pounds, compared to about 33 pounds for Wegovy. However, Kuckelman noted that separate late-stage trials of the highest approved doses actually show comparable average weight loss: approximately 48 pounds for Zepbound and 47 pounds for Wegovy. Novo Nordisk is seeking a court order to compel Lilly to withdraw the disputed advertisements and launch a corrective advertising campaign, indicating a preliminary injunction will be sought if Lilly does not comply voluntarily.
This lawsuit follows a cease-and-desist letter sent by Novo Nordisk to Eli Lilly in April after the U.S. approved a 7.2-milligram dose of Wegovy. Novo Nordisk claims Lilly did not respond directly but instead added what Novo described as an inadequate disclaimer to its advertisements. The legal action alleges violations of federal and state false advertising and unfair competition laws, including the Lanham Act, through Lilly's nationwide advertising campaigns.
