Novo Nordisk has filed a lawsuit against Eli Lilly, alleging that the company’s advertising campaigns for its obesity and diabetes drugs are misleading consumers about their efficacy compared to Novo’s rival injections. The lawsuit, filed in the U.S. District Court for the District of New Jersey, claims that Lilly’s ads cite outdated clinical trials to compare the highest doses of its medicines to lower doses of Novo’s drugs.
The ads in question don’t include new evidence about Novo’s recently approved high-dose version of its obesity injection, Wegovy, which has been shown to bring weight loss comparable to Lilly’s products. This omission, according to Novo, leaves consumers with the impression that Lilly’s medicines are superior to Novo’s, which is not accurate.
Novo’s group general counsel, John Kuckelman, stated that the suit comes after Lilly refused to pull down or correct certain ads despite a formal cease-and-desist request from Novo in April. Novo is seeking to permanently stop Lilly from running the ads and require the drugmaker to issue corrective advertising, as well as financial damages.
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Lilly has responded, stating that it stands firmly behind its advertising and believes it is truthful, transparent, and grounded in scientific evidence. The company plans to defend against the lawsuit vigorously, citing a head-to-head clinical trial that directly compares its obesity injection, Zepbound, to Wegovy.
Novo alleges that Lilly’s campaigns across television and social media are harmful because consumers rely on advertising to form their understanding of GLP-1s, unlike healthcare professionals who have access to full scientific evidence. The suit claims that Lilly’s advertising campaign deprives consumers of truthful, current, and complete information needed to make informed decisions about treatment options.
A TV commercial cited in the lawsuit presents Zepbound and Wegovy in a direct side-by-side comparison, stating that patients on Lilly’s drug lose 50 pounds on average compared to 33 pounds on the 2.4-milligram dose of Novo’s treatment.
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Novo’s lawsuit is part of an aggressive battle against Lilly to regain market share in the GLP-1 space. With the introduction of its new obesity pill, strategic price cuts, and the new high-dose Wegovy, Novo is positioning itself to compete with Lilly’s top-selling obesity injection Zepbound and diabetes counterpart Mounjaro.
As the market for GLP-1s continues to evolve, the accuracy of advertising claims will remain a critical issue.
Companies must ensure that their advertising is truthful and not misleading, providing consumers with the information they need to make informed decisions about their treatment options.
