Migliaccio & Rathod LLP is investigating whether Eli Lilly misled consumers through comparative advertising promoting Zepbound® and Mounjaro® against competing GLP-1 medications.
According to recent litigation summarized in the materials reviewed, Novo Nordisk filed suit in 2026 alleging that Eli Lilly used misleading comparative advertising regarding Zepbound® and Mounjaro® when comparing those medications with competing GLP-1 products. The lawsuit reportedly challenges whether certain consumer-facing advertisements relied upon outdated or incomplete comparisons that may have overstated the advantages of Eli Lilly’s products.
Consumers considering prescription weight-loss medications often rely upon comparative advertising when discussing treatment options with their healthcare providers and may incur substantial out-of-pocket costs based upon those representations.
What Consumers Report
Consumers report:
- Choosing Zepbound® or Mounjaro® after viewing comparative advertising.
- Paying significant out-of-pocket costs for treatment.
- Believing the medications offered advantages over competing GLP-1 products based upon advertising.
- Relying upon television, online, or other direct-to-consumer marketing.
- Learning later that aspects of the comparative advertising were challenged in litigation.
- Believing they may have made different purchasing decisions with different information.
Why Consumers Should Be Concerned
Consumers increasingly rely upon direct-to-consumer pharmaceutical advertising when discussing treatment options with healthcare providers. Comparative advertising may significantly influence patient decision-making, particularly where medications involve substantial ongoing costs.
If comparative advertising materially overstated the benefits of one medication over competing products, consumers and third-party payors may have paid more than they otherwise would have based upon allegedly misleading promotional claims.
This investigation seeks to determine whether Eli Lilly’s comparative advertising accurately represented the performance of Zepbound® and Mounjaro® relative to competing GLP-1 medications.
Potential Claims May Include
- False Advertising
- Consumer Protection
- Fraudulent Omission
- Unjust Enrichment
Signs You May Be Affected
You may be affected if:
- You began using Zepbound® or Mounjaro® after viewing comparative advertising.
- You incurred significant out-of-pocket costs for treatment.
- You relied upon advertising comparing Lilly’s medications to competing GLP-1 products.
- You purchased the medication within the relevant advertising period.
- You still possess pharmacy records or insurance documentation.
- You believe you would have made a different treatment decision had the advertising been different.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.