Novo Nordisk A/S (NVO) announced that it has filed a lawsuit in the United States District Court for the District of New Jersey against Eli Lilly and Company and Lilly USA, LLC, alleging violations of federal and state false advertising and unfair competition laws, including under the Lanham Act.
Background
The complaint challenges Lilly's nationwide direct-to-consumer advertising for Zepbound (tirzepatide) and Mounjaro (tirzepatide), which Novo Nordisk claims are materially misleading to patients with obesity and type 2 diabetes.
According to Novo Nordisk, the campaigns rely on outdated studies that compare Lilly's highest injectable doses against lower doses of Novo Nordisk's medicines, omitting newer FDA-approved options such as Wegovy 7.2 mg and Ozempic 2 mg.
Clinical Context
Novo Nordisk highlighted that Wegovy 7.2 mg, approved in March 2026, demonstrated an average weight loss of approximately 19% (about 47 pounds) in the STEP UP trial, a 72-week study involving 1,407 adults with obesity. The company argues that Lilly's ads mislead consumers by failing to include this data and by presenting incomplete comparisons during widely viewed national campaigns.
Company Statement
John F. Kuckelman, senior vice president and Group General Counsel, Novo Nordisk, stated that healthcare companies have a responsibility to keep public claims accurate and current, adding that "ineffective, fine-print disclaimers do not fix the misleading impression created by major national campaigns." Novo Nordisk emphasized that patients deserve evidence-based, up-to-date information when making treatment decisions.
Requested Relief
Through the lawsuit, Novo Nordisk is seeking a permanent injunction requiring Lilly to pull its misleading comparative advertising. If Lilly does not voluntarily remove the ads, Novo Nordisk intends to file a motion for a preliminary injunction to immediately block them.
NVO has traded between $35.12 and $71.80 over the past year. The stock closed Monday's trading at $49.61, down 1.41%. In pre-market trading the stock is at $49.16, down 0.98%.
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