Novo Nordisk A/S (NYSE:NVO) initiated legal action against Eli Lilly and Co (NYSE:LLY) and Lilly USA, LLC, alleging deceptive marketing practices.
The lawsuit, filed in the U.S. District Court for the District of New Jersey, accuses the competitor of violating both state and federal false advertising and unfair competition laws.
The core of the dispute centers on nationwide consumer campaigns for Zepbound and Mounjaro. The plaintiff claims that the advertisements are materially misleading to millions of patients managing obesity and type 2 diabetes.
Deceptive Dosage Comparisons
The marketing allegedly contrasts maximum doses of Eli Lilly medications against lower doses of Novo Nordisk’s Wegovy and Ozempic, omitting crucial information about the availability of more potent injections.
The legal filing occurred after the defendant refused to amend or remove the promotions following a formal cease-and-desist request.
Zepbound Versus Wegovy Discrepancies
The lawsuit emphasizes that campaigns comparing Zepbound to Wegovy rely on outdated metrics.
The ads pit maximum tolerated doses of Zepbound against a lower 1.7 to 2.4 mg range for Wegovy.
Crucially, the plaintiff states the promotions ignore the 7.2 mg highest dose of Wegovy, which received FDA approval in March 2026 and showed an approximate 19% reduction in body weight.
The plaintiff highlights that no head-to-head clinical trial currently exists comparing the highest doses of these two competing treatments, resulting in consumer confusion.
Mounjaro And Ozempic Clashes
Similarly, the legal challenge addresses comparisons between Mounjaro and Ozempic. The defendant’s promotional materials reportedly measure the highest 15 mg dose of Mounjaro against a 1 mg dose of Ozempic.
The complaint points out that the FDA authorized a stronger 2 mg maintenance dose for Ozempic over four years ago, making the advertisement’s comparison inherently unbalanced.
Seeking Immediate Legal Remedies
Through this litigation, the plaintiff aims to secure a permanent injunction forcing the removal of all disputed comparative advertisements across every media channel, alongside a mandated corrective marketing campaign.
Furthermore, the company warned that if the defendant does not voluntarily withdraw the promotions, it plans to file a motion for a preliminary injunction to immediately block the ads based on evidence of consumer deception.
NVO Stock Price Activity: Novo Nordisk shares were trading 0.75% lower at $49.24 at the time of publication on Tuesday, according to Benzinga Pro data.
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