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Two of the world’s biggest pharmaceutical companies are headed to court after Novo Nordisk, the maker of Ozempic and a pioneer in diabetes and obesity treatments, sued rival Eli Lilly on Tuesday, accusing the U.S. drugmaker of false advertising
The Danish company filed the lawsuit in U.S. District Court in New Jersey, alleging Lilly’s advertising misled “millions of Americans living with obesity and type 2 diabetes” and violated federal and state false advertising and unfair competition laws
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Novo claims Lilly’s advertising campaigns for Mounjaro and Zepbound, injectable medications used to help regulate blood sugar and appetite, intentionally relied on outdated studies that compared Lilly’s highest doses with lower doses of Novo Nordisk’s medicines
“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,” Novo Senior Vice President and Group General Counsel John F. Kuckelman said in a statement
According to the lawsuit, Lilly’s Zepbound advertisements comparing the drug with Wegovy rely on outdated comparisons using the maximum tolerated doses of each medication, even though, Novo argues, there is no head-to-head clinical trial comparing the highest approved doses of the two drugs
The highest FDA-approved dose of Wegovy, as of March 2026, is 7.2 mg
Novo also alleges Lilly’s Mounjaro advertisements compare the drug’s highest approved dose, 15 mg, with Ozempic’s lowest dose, 1 mg, instead of its highest approved dose of 2 mg
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In response, Lilly defended its advertising, saying it is based on what it describes as the strongest available scientific evidence
“The gold standard for comparing medicines is a robustly designed, well-conducted head-to-head clinical trial — like SURMOUNT-5, which remains the only randomized head-to-head clinical trial directly comparing tirzepatide and semaglutide for weight management,” a Lilly spokesperson said in a statement
SURMOUNT-5 is a clinical trial that compares the weight-loss effects of tirzepatide and semaglutide in adults with obesity, or who are overweight with weight-related health conditions, but without type 2 diabetes
Novo, however, argues that Lilly’s advertising ignores newer evidence from the STEP UP trial, a 72-week study that evaluated a higher 7.2 mg dose of Wegovy. The company says Lilly instead relied on studies using Wegovy doses of 1.7 mg and 2.4 mg
“Rather than compete on the merits of its products, Novo is asking a court to stop Lilly from communicating the results of that trial. We stand firmly behind our advertising. It is truthful, it is transparent, and it is grounded in the most direct scientific evidence available — exactly what patients deserve. We will continue to focus on the science and defend against this lawsuit vigorously,” the Lilly spokesperson added
Novo is seeking a permanent injunction requiring Lilly to remove the advertisements from all platforms and launch a corrective advertising campaign. The company also warned it would ask the court for an immediate order blocking the ads if Lilly does not voluntarily take them down


