Lawsuit says Lilly compared top doses to lower doses in outdated studies
The Danish pharmaceutical company filed the lawsuit Tuesday in U.S. federal court, accusing its main rival of committing “multiple violations” of federal and state false advertising and unfair competition laws through nationwide ad campaigns.
Novo Nordisk alleged that Lilly’s current campaigns “intentionally” selected outdated studies that compared the highest approved doses of Lilly’s medicines for obesity and type-2 diabetes — Mounjaro and Zepbound — against lower doses of Novo Nordisk’s Ozempic and Wegovy, while omitting newer, higher-dose options. The company said the ads had “deceptively” presented that Lilly’s products were superior but buried or omitted “critical clinical context.”
“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,” said John F. Kuckelman, senior vice president and group general counsel for Novo Nordisk. “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.”
Eli Lilly pushed back against the claims. “It is truthful, it is transparent, and it is grounded in the most direct scientific evidence available — exactly what patients deserve,” a spokesperson for the company said. “We will continue to focus on the science and defend against this lawsuit vigorously.”
Novo Nordisk said it is seeking a court order requiring Eli Lilly to pull its ads and instead run a “corrective advertising campaign.” It added that if Lilly did not voluntarily remove the commercials, it would file a motion in the coming days to seek a preliminary injunction to block them.
The lawsuit comes as the two pharmaceutical heavyweights battle for dominance in the fast-growing weight-loss drug industry, particularly in the U.S. Analysts have estimated the market could be worth more than $100 billion by 2030.