UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) April 3, 2011
VIVUS, INC.
(Exact name of registrant as specified in its charter)
Delaware | | 001-33389 | | 94-3136179 |
(State or other jurisdiction of
incorporation) | | (Commission File Number) | | (IRS Employer
Identification No.) |
1172 CASTRO STREET
MOUNTAIN VIEW, CA 94040
(Address of principal executive offices, including zip code)
(650) 934-5200
(Registrant’s telephone number, including area code)
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01. Regulation FD Disclosure
On April 3, 2011, VIVUS, Inc, or the Company, presented a poster entitled “Weight Loss and Cardiovascular Risk Reduction Over 2 Years With Controlled-Release Phentermine-Topiramate” beginning at 1:30 p.m. CT at the 60th Annual Scientific Meeting of The American College of Cardiology, being held April 2-5 in New Orleans, Louisiana. A graphical representation of the poster (including the reproduction of the contents) presented by the Company is attached hereto as Exhibit 99.1.
Item 8.01. Other Events
On April 4, 2011, VIVUS, Inc. issued a press release titled “Weight Loss With QNEXA® Over Two Years Provides Patients With Substantial Cardiovascular Benefits.” A copy of the press release is attached hereto as Exhibit 99.2.
The information in this Form 8-K and the exhibits attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference into any of the Registrant’s filings under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in any such filing.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits.
Exhibit No. | | Description |
99.1 | | Poster dated April 3, 2011, entitled, “Weight Loss and Cardiovascular Risk Reduction Over 2 Years With Controlled-Release Phentermine-Topiramate” and a reproduction of the contents thereof. |
| | |
99.2 | | Press Release dated April 4, 2011. |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| VIVUS, INC. |
| |
By: | /s/ Lee B. Perry |
| Lee B. Perry |
| Vice President and Chief Accounting Officer |
Date: April 4, 2011
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EXHIBIT INDEX
Exhibit No. | | Description |
99.1 | | Poster dated April 3, 2011, entitled, “Weight Loss and Cardiovascular Risk Reduction Over 2 Years With Controlled-Release Phentermine-Topiramate” and a reproduction of the contents thereof. |
| | |
99.2 | | Press Release dated April 4, 2011. |
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