Item 2.02. Results of Operations and Financial Condition

On May 6, 2020, VIVUS, Inc. (the "Company") conducted a conference call during which members of its senior management team discussed financial results for the first quarter ended March 31, 2020, a business update and certain other information. A copy of the transcript of the conference call 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             Transcript of VIVUS, Inc. First Quarter Ended March 31, 2020
               Earnings Conference Call on May 6, 2020, at 1:30 p.m. PT.




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