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)

September 7, 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 September 7, 2011, VIVUS, Inc., or the Company, gave a previously announced presentation at the Stifel Nicolaus 2011 Healthcare Conference being held in Boston, Massachusetts.  During the presentation, Dr. Wesley W. Day, the Company’s Vice President, Clinical Development, in response to a question regarding how the FORTRESS study compared to the Wolters Kluwer study, disclosed that there would be approximately 2,500 topiramate exposed pregnancies in the FORTRESS study.  The Wolters Kluwer study included 778 topiramate exposed pregnancies. The number of topiramate exposed pregnancies the Company anticipates to be in the FORTRESS study had not been previously disclosed by the Company, but is consistent with the Company’s previous disclosures that the FORTRESS study would be the largest study of topiramate exposed pregnancies to date.  The results of the FORTRESS study are expected in the fourth quarter of 2011, which will include the actual number of topiramate exposed pregnancies in the study.  An audio replay of the webcasted presentation, including the question and answer portion, is available on the Company’s Web site at http://ir.vivus.com/ for 30 days following the event.

 

By filing this information, the Company makes no admission as to the materiality of any information in this report. The information contained in this report is intended to be considered in the context of the Company’s filings with the Securities and Exchange Commission and other public announcements that the Company makes, by press release or otherwise, from time to time. The Company undertakes no duty or obligation to publicly update or revise the information contained in this report, although it may do so from time to time as its management believes is appropriate. Any such updating may be made through the filing of other reports or documents with the Securities and Exchange Commission, through press releases or through other public disclosure.

 

The information in this Form 8-K and the exhibit 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.

 

2



 

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:  September 7, 2011

 

3