On July 16, 2013, VIVUS, Inc. issued a statement in connection with the Company's reconvened annual meeting of stockholders, scheduled for July 18, 2013. The Company stated that the Board of Directors was informed by a retail stockholder that paid advisors of First Manhattan Co. had made false and misleading statements to the Company's stockholders through a telephone, or robo-call, campaign.

Further, the Company stated that Institutional Shareholder Services recommended that stockholders vote for only 3 of First Manhattan's 9 director nominees: Denner, Astrue, and Norton. Further, the Company stated that the Board would welcome the First Manhattan's nominees recommended by ISS: Michael Astrue, Alex Denner and David Norton or any other First Manhattan's nominee who is among First Manhattan's 3 highest vote getters in the proxy vote, to join the Company's Board.