Novo Nordisk Sues Lilly Over GLP-1 Ads

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Novo Nordisk has filed a Lanham Act suit in New Jersey federal court alleging that ads for Lilly’s GLP-1 drug Zepbound and Mounjaro (both tirzepatide) are deceptive because they reference outdated studies in an attempt to demonstrate the Lilly products are superior to Novo Nordisk’s Ozempic and Wegovy (both semaglutide). A Novo Nordisk statement says it had issued a formal cease-and-desist order that was not followed by Lilly, leading to the legal action.

The statement says the Lilly ads intentionally compare Lilly’s highest doses against lower doses of Novo Nordisk’s drugs, “deceptively presenting these results as proof of broad, product-level superiority while burying or omitting critical clinical context.”

It notes that FDA approved a higher dose of Wegovy in March that showed a 19% average weight loss, but that dose was not cited in the Lilly ads. It says there has been no head-to-head trial of the Lilly and Novo drugs at their highest doses.

Novo Nordisk is asking the court to issue a permanent injunction requiring Lilly to pull its “misleading” comparative advertising campaign across all platforms and to conduct a corrective ad campaign.

“As new and more effective treatment options become available,” says Novo Nordisk senior vice president and group general counsel John Kuckelman, “people deserve accurate information that reflects the latest scientific evidence and helps them make informed care decisions. 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.”

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