Item 2.02. Results of Operations and Financial Condition

On May 6, 2020, VIVUS, Inc. (the "Company") issued a press release regarding its financial results for the first quarter ended March 31, 2020, a business update and certain other information. The full text of the press release concerning the foregoing is furnished herewith as Exhibit 99.1.

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 Company'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          Press Release issued by VIVUS, Inc. dated May 6, 2020.

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