Ozempic maker Novo Nordisk sues US rival over ‘materially misleading’ ads

Novo Nordisk, the Danish pharmaceutical giant behind the popular drug Ozempic, has filed a lawsuit against its U.S. competitor Eli Lilly. The lawsuit accuses Eli Lilly of running "false and materially misleading" advertisements for its competing weight-loss and anti-diabetes treatments, Zepbound and Mounjaro.

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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.

At the heart of Novo Nordisk's complaint is the allegation that Eli Lilly intentionally used outdated studies. These studies, Novo Nordisk claims, compared the highest doses of Lilly's drugs against lower doses of Novo Nordisk's medications. The Danish company asserts that these results were presented deceptively, implying broad superiority without providing essential clinical context.

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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.

John F. Kuckelman, Novo Nordisk's general counsel, emphasized the importance of accurate information for patients making healthcare decisions. He stated that healthcare companies have a responsibility to ensure their public claims are current and truthful, and that fine-print disclaimers do not rectify misleading impressions created by major advertising campaigns.

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the only direct, head-to-head randomised clinical trial comparing tirzepatide and semaglutide in the context of weight management.

The advertisements in question, which have been aired during major sporting events and on social media platforms like TikTok and Facebook, have reportedly caused widespread confusion. Eli Lilly, however, maintains that its advertising is based on the Surmount-5 trial, which it describes as the "only direct, head-to-head randomised clinical trial comparing tirzepatide and semaglutide in the context of weight management." A spokesperson for Eli Lilly stated, "We firmly stand by our advertising campaign."

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Rather than competing on the merits of its products, Novo is asking a court to prevent Lilly from communicating the results of this trial. We firmly stand by our advertising campaign.