Novo says Lilly's ads for Zepbound and Mounjaro rely on outdated data and omit newer, higher-dose versions of Wegovy and Ozempic
NurPhoto / Getty Images
Novo Nordisk announced Friday that it has asked a U.S. court to issue a preliminary injunction halting a series of obesity and diabetes drug advertisements run by Eli Lilly $LLY, marking a new front in the two companies' legal confrontation over weight loss treatments.
Novo announced earlier this week that it had sued Lilly, saying consumers were being misled about how the companies' drugs compare, and that it would pursue a preliminary injunction if Lilly did not remove the disputed ads on its own. Lilly declined to do so, the company said, prompting Novo to move forward with the injunction request.
In a statement, the company said: "Novo Nordisk is seeking a court order on an expedited basis to ensure people can access the accurate, complete picture of the treatments available to them today."
Novo's core complaint centers on ads that pit the highest approved doses of Lilly's Zepbound and Mounjaro against lower doses of Novo's Wegovy and Ozempic, while leaving out data on newer, higher-dose formulations of Novo's drugs, the company said. Novo contends that viewers of the ads would come away believing Lilly's drugs outperform its own. Through the lawsuit, Novo is asking the court for a permanent injunction that would force Lilly to take down the campaigns entirely and issue corrective advertising to consumers.
Lilly denied any wrongdoing when Novo filed suit earlier this week and said it would defend itself. The company did not respond to a request for comment on Friday.
When Novo filed the underlying lawsuit, one Lilly television commercial that has logged more than 700 million impressions since airing around the end of April states that patients on Zepbound lose 50 pounds on average compared to 33 pounds on the 2.4-milligram dose of Wegovy. Novo argues its recently approved 7.2-milligram high-dose Wegovy, which entered the market in March, showed average weight loss of 47 pounds — a result the company describes as comparable to Zepbound's performance in Lilly's own most recent trial. Novo's complaint extends the same argument to Lilly's diabetes advertising, alleging ads comparing Mounjaro with Ozempic similarly omit more recent data on a higher-dose version of Novo's drug.
Novo sent Lilly a cease-and-desist letter in April, and the lawsuit was filed in the U.S. District Court for the District of New Jersey under the Lanham Act alongside federal and state statutes governing unfair competition and false advertising.
The rivalry sits atop what analysts project will become a domestic obesity drug market exceeding $100 billion before the decade closes, according to CNBC, with both companies maneuvering aggressively to lead it. Though Novo entered the market first with Wegovy, Lilly has since taken the commercial lead across the category.
Join 500,000+ readers who start their day with Quartz.
By subscribing, you agree to our Terms of Service and Privacy Policy.
