Novo Nordisk, the maker of Wegovy and Ozempic, has launched legal action in the US against arch rival Eli Lilly, accusing it of false advertising over claims that its weight-loss medicines perform better. The Danish company filed the lawsuit on Tuesday, saying Eli Lilly, which makes Mounjaro and Zepbound, used ad campaigns to "create the misleading impression that Eli Lilly's medicines are superior".
What does Novo Nordisk say the ads got wrong?
Novo said Eli Lilly compared the highest approved doses of its medicines for obesity and type-2 diabetes with lower doses of Novo Nordisk's drugs, while leaving out newer, higher-dose options. The company said its competitor had committed "multiple violations" of federal and state false advertising and unfair competition laws through nationwide campaigns.
According to Novo, Eli Lilly's current campaigns "intentionally" used outdated studies that compared Lilly's highest doses against lower doses of Novo Nordisk's medicines. It said the advertisements had "deceptively" suggested that Eli Lilly's products were superior, while burying or omitting "critical clinical context".
The products being compared incorrectly, Novo said, were Mounjaro vs. Ozempic and Zepbound vs Wegovy.
"As new and more effective treatment options become available, people deserve accurate information that reflects the latest scientific evidence and helps them make informed care decisions," said John F. Kuckelman, senior vice president and group general counsel for Novo Nordisk.
"Healthcare companies have a responsibility to keep their public claims accurate and current - ineffective, fine-print disclaimers do not fix the misleading impression created by major national campaigns," he said.
How has Eli Lilly responded?
Eli Lilly rejected the claims and said it stood "firmly behind our advertising". The company said, "It is truthful, it is transparent, and it is grounded in the most direct scientific evidence available - exactly what patients deserve. We will continue to focus on the science and defend against this lawsuit vigorously," a spokesperson said.
But Eli Lilly also accused Novo of asking the court to stop the company from communicating the results of a comparison trial it said was "robustly designed" and "the gold standard".
Why does this matter now?
The lawsuit comes as Novo and Eli Lilly are locked in a battle to dominate the fast-growing weight-loss drug industry, particularly in the US, which analysts have estimated could be worth more than $100bn by 2030. Novo Nordisk said it was seeking a court order requiring Eli Lilly to pull its ads and instead run what it called a "corrective advertising campaign".
The company added that if Eli Lilly did not voluntarily remove the commercials, it would file a motion in the coming days to seek a preliminary injunction to block them.
Key Facts
- Novo Nordisk filed the lawsuit in the US on Tuesday.
- The dispute involves Novo Nordisk's Wegovy and Ozempic and Eli Lilly's Mounjaro and Zepbound.
- Novo says Eli Lilly used higher-dose comparisons selectively and omitted newer options.
- Eli Lilly says its advertising is truthful, transparent and based on direct scientific evidence.
- Analysts estimate the US weight-loss drug market could be worth more than $100bn by 2030.
