Tuesday, Novo Nordisk A/S (NVO) announced that the company a lawsuit against Eli Lilly and Company (LLY) and Lilly USA, LLC for multiple violations of federal and state false advertising and unfair competition laws, including under the Lanham Act.
The lawsuit, filed in the United States District Court for the District of New Jersey, claims that Lilly's nationwide direct-to-consumer advertising for Zepbound (tirzepatide) and Mounjaro (tirzepatide) is false and materially misleading as it uses intentionally selected outdated studies to compare the highest injectable doses of Lilly's medicines against lower doses of Novo Nordisk's injectable medicines for obesity and type 2 diabetes.
The company argues that the advertisements omit relevant information about the most effective injectable doses of Wegovy (semaglutide) and Ozempic (semaglutide) available.
Through this lawsuit, the company aims to seek a permanent injunction requiring Lilly to pull its misleading advertising across all platforms and to conduct a corrective advertising campaign.
In case Lilly does not voluntarily pull these ads, Novo Nordisk intends to file a formal motion with the Court in the coming days seeking a preliminary injunction to immediately block them.
In the pre-market hours, NVO is trading at $49.22, down 0.86 percent on the New York Stock Exchange.
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