VIVUS Reminds Stockholders to Vote the GOLD Proxy Card by Telephone or
VIVUS's Board and Management Team Successfully Executing on the Right Strategy
to Maximize Stockholder Value
MOUNTAIN VIEW, Calif., July 11, 2013 (GLOBE NEWSWIRE) -- VIVUS, Inc.
(Nasdaq:VVUS) (the "Company"), a pharmaceutical company commercializing and
developing innovative, next-generation therapies to address unmet needs in
obesity and sexual health, today reiterated its recommendation that all
stockholders vote "FOR" the Company's director nominees at VIVUS's Annual
Meeting of Stockholders, which will be held on July 15, 2013.
As VIVUS's 2013 Annual Meeting of Stockholders is fast approaching, it is
extremely important that stockholders vote as soon as possible – no matter how
many or how few shares they own. Even if stockholders have already voted using
the white proxy card, they have the right to change their vote to the GOLD
proxy card and support VIVUS's director nominees.
Since time is short, the Company asks that stockholders please vote by
telephone or Internet according to the instructions on the GOLD proxy card.
Voting by telephone or Internet is the best way for stockholders to ensure
that their votes will be counted.
VOTE FOR THE BOARD THAT IS CREATING VALUE AND DELIVERING RESULTS
VIVUS's Board and Management Team are Successfully Executing a Plan to
Unlock the Full Potential of Qsymia and Maximize Stockholder Value
*VIVUS's Board and management team launched Qsymia® (phentermine and
topiramate extended-release) capsules CIV in approximately 8,000 certified
retail pharmacies on July 1, 2013, ahead of schedule, and are executing
additional strategies to support Qsymia's ongoing rollout to consumers.
*VIVUS's Board and management team are in the midst of critical discussions
with large pharmaceutical companies to effectively increase the Company's
primary care physician outreach for Qsymia, and are working with the FDA
on a direct-to-consumer (DTC) advertising campaign, which will launch in
*VIVUS's Board and management team are making significant progress in
broadening reimbursement coverage and establishing medical obesity as a
drug treatment category.VIVUS recently amended its agreements with the
country's two largest pharmacy benefit managers (PBMs), Express Scripts
and Medco Health Solutions, whereby Qsymia will be available in either a
tier-2 or tier-3 position.Under the amended agreements, patients covered
by Express Scripts and Medco with benefits where Qsymia is offered on
tier-2 should expect to pay an estimated $25.00 to $30.00 for their
co-payment for a monthly prescription of Qsymia.
*VIVUS's highly qualified and experienced Board and management team have
critical institutional knowledge of Qsymia, as well as relationships with
regulators, medical associations, payors, policy makers, medical key
opinion leaders, prescribing physicians, and large pharmaceutical
companies that are invaluable at this critical juncture.
*VIVUS's Board and management team achieved approval of SPEDRA™ (avanafil)
(the EU name for STENDRA™) in Europe and reached an agreement with
Menarini Group to commercialize and promote SPEDRA in more than 40
European countries, Australia and New Zealand.
* We believe a vote for First Manhattan Co. (FMC) is a vote for risk.
* FMC's "plan" – to the extent they have one – appears to revolve solely
around doing things that the VIVUS Board and management team are already
doing, "fixing" things that aren't broken, or making wholesale changes
without an understanding of our business and industry.
* Sam Colin is an investor who has never run a pharmaceutical company and
his hand-picked slate of director nominees lacks executive experience in
* We believe FMC's plan to "re-launch" Qsymia would, at best, set back our
commercialization progress by six months to a year, or, at worst, derail the
Qsymia opportunity forever.Don't be fooled by FMC.They offer no new plan,
only uncertainty and delay.
PROTECT YOUR INVESTMENT – VOTE FOR THE VIVUS DIRECTOR NOMINEES ON
THE GOLD PROXY CARD TODAY
VIVUS stockholders are reminded that their vote is extremely important, no
matter how many or how few shares they own. Whether or not you plan to attend
the Annual Meeting, you have an opportunity to protect your investment in
VIVUS by voting the GOLDproxy card.Please do not return or otherwise vote
any white proxy card sent to you by FMC.
If you have any questions, or would like assistance
in voting your GOLD proxy card, please contact:
MORROW & CO., LLC
Call Toll Free: (800) 607-0088
Call Collect: (203) 658-9400
Deutsche Bank Securities Inc. is serving as financial advisor, Hogan Lovells
US LLP is serving as legal advisor, and Morrow & Co., LLC is serving as proxy
solicitor to the Company.
Qsymia^®(phentermine and topiramate extended-release) capsules CIV is
approved in the U.S. and is indicated as an adjunct to a reduced-calorie diet
and increased physical activity for chronic weight management in adults with
an initial body mass index (BMI) of 30 kg/m^2or greater (obese) or 27
kg/m^2or greater (overweight) in the presence of at least one weight-related
medical condition such as high blood pressure, type 2 diabetes, or high
The effect of Qsymia on cardiovascular morbidity and mortality has not been
established. The safety and effectiveness of Qsymia in combination with other
products intended for weight loss, including prescription and over-the-counter
drugs, and herbal preparations, have not been established.
Important Safety Information
Qsymia (phentermine and topiramate extended-release) capsules CIV is
contraindicated in pregnancy; in patients with glaucoma; in hyperthyroidism;
in patients receiving treatment or within 14 days following treatment with
monoamine oxidase inhibitors (MAOIs); or in patients with hypersensitivity to
sympathomimetic amines, topiramate, or any of the inactive ingredients in
Qsymia can cause fetal harm. Females of reproductive potential should have a
negative pregnancy test before treatment and monthly thereafter and use
effective contraception consistently during Qsymia therapy. If a patient
becomes pregnant while taking Qsymia, treatment should be discontinued
immediately, and the patient should be informed of the potential hazard to the
The most commonly observed side effects in controlled clinical studies, 5% or
greater and at least 1.5 times placebo, include paraesthesia, dizziness,
dysgeusia, insomnia, constipation, and dry mouth.
STENDRA™, or avanafil, is approved by the FDA for the treatment of erectile
dysfunction, or ED, in the U.S. VIVUS, through collaboration arrangements with
third parties, intends to market and sell STENDRA in the U.S. and under the
trade name SPEDRA™ in the EU and other territories outside the U.S. Avanafil
is licensed from Mitsubishi Tanabe Pharma Corporation (MTPC). VIVUS owns
worldwide development and commercial rights to avanafil for the treatment of
sexual dysfunction, with the exception of certain Asian Pacific Rim countries.
VIVUS has granted an exclusive license to the Menarini Group through its
subsidiary Berlin-Chemie AG to commercialize and promote SPEDRA for the
treatment of erectile dysfunction in over 40 European countries plus Australia
and New Zealand. VIVUS is currently in discussions with potential partners to
commercialize STENDRA in the United States and other territories throughout
It is recommended that STENDRA should be taken approximately 30 minutes before
sexual activity. STENDRA should not be taken more than once per day. For more
information about STENDRA, please visit www.Stendra.com.
Important Safety Information
STENDRA (avanafil) is prescribed to treat erectile dysfunction (ED).
Do not take STENDRA if you take nitrates, often prescribed for chest pain, as
this may cause a sudden, unsafe drop in blood pressure.
Discuss your general health status with your healthcare provider to ensure
that you are healthy enough to engage in sexual activity. If you experience
chest pain, nausea, or any other discomforts during sex, seek immediate
STENDRA may affect the way other medicines work. Tell your healthcare provider
if you take any of the following; medicines called HIV protease inhibitors,
such as ritonavir (Norvir®), indinavir (Crixivan®), saquinavir (Fortavase® or
Invirase®) or atazanavir (Reyataz®); some types of oral antifungal medicines,
such as ketoconazole (Nizoral®), and itraconazole (Sporanox®); or some types
of antibiotics, such as clarithromycin (Biaxin®), telithromycin (Ketek®), or
In the rare event of an erection lasting more than 4 hours, seek immediate
medical help to avoid long-term injury.
In rare instances, men taking PDE5 inhibitors (oral erectile dysfunction
medicines, including STENDRA) reported a sudden decrease or loss of vision. It
is not possible to determine whether these events are related directly to
these medicines or to other factors. If you experience sudden decrease or loss
of vision, stop taking PDE5 inhibitors, including STENDRA, and call a doctor
Sudden decrease or loss of hearing has been rarely reported in people taking
PDE5 inhibitors, including STENDRA. It is not possible to determine whether
these events are related directly to the PDE5 inhibitors or to other factors.
If you experience sudden decrease or loss of hearing, stop taking STENDRA and
contact a doctor right away. If you have prostate problems or high blood
pressure for which you take medicines called alpha blockers or other
anti-hypertensives, your doctor may start you on a lower dose of STENDRA.
Drinking too much alcohol when taking STENDRA may lead to headache, dizziness,
and lower blood pressure.
STENDRA in combination with other treatments for ED is not recommended.
STENDRA does not protect against sexually transmitted diseases, including HIV.
The most common side effects of STENDRA are headache, flushing, runny nose and
Please see full patient prescribing information for STENDRA (50 mg, 100 mg,
200 mg) tablets.
VIVUS is a biopharmaceutical company commercializing and developing
innovative, next-generation therapies to address unmet needs in obesity, sleep
apnea, diabetes and sexual health. For more information about the company,
Certain statements in this press release are forward-looking within the
meaning of the Private Securities Litigation Reform Act of 1995. These
statements may be identified by the use of forward-looking words such as
"anticipate," "believe," "forecast," "estimate," "expect," "intend," "likely,"
"may," "plan," "potential," "predict," "opportunity" and "should," among
others. There are a number of factors that could cause actual events to differ
materially from those indicated by such forward-looking statements. VIVUS does
not undertake an obligation to update or revise any forward-looking
statements. Investors should read the risk factors set forth in VIVUS's Form
10-K for the year ending December 31, 2012, as amended by the Form 10-K/A
filed on April 30, 2013 and by the Form 10-K/A filed on June 12, 2013, and
periodic reports filed with the Securities and Exchange Commission (the
Important Additional Information
On June 3, 2013, VIVUS filed a definitive proxy statement andGOLDproxy card
with the SEC in connection with the solicitation of proxies for its 2013
Annual Meeting of Stockholders. Stockholders are strongly advised to read
VIVUS's 2013 proxy statement because it contains important
information.Stockholders may obtain a free copy of the 2013 proxy statement
and other documents that the Company files with the SEC from the SEC's website
at www.sec.govor VIVUS's website atwww.vivus.com.
CONTACT: VIVUS, Inc.
Timothy E. Morris
Chief Financial Officer
The Trout Group
Morrow & Co., LLC
Joseph J. Mills
Joele Frank, Wilkinson Brimmer Katcher
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