================================================================================ UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 --------------- FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 Date of report (date of earliest event reported): JUNE 30, 2003 --------------- VIVUS, INC. (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) COMMISSION FILE NUMBER: 0-23490 DELAWARE 94-3136179 (STATE OR OTHER JURISDICTION OF (I.R.S. EMPLOYER INCORPORATION OR ORGANIZATION) IDENTIFICATION NUMBER) 1172 CASTRO STREET MOUNTAIN VIEW, CA 94040 (ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE) (650) 934-5200 (REGISTRANT'S TELEPHONE NUMBER, INCLUDING AREA CODE) N/A (FORMER NAME, FORMER ADDRESS AND FORMER FISCAL YEAR, IF CHANGED SINCE LAST REPORT) ================================================================================ITEM 5. OTHER EVENTS. On June 30, 2003, the Registrant issued a press release announcing that data from its proof-of-concept trial to evaluate the effects of phosphodiesterase type 5 inhibitors in men with premature ejaculation did not demonstrate an increase in the time to ejaculation. The press release is attached as exhibit 99.1 to the Current Report of Form 8-K. EXHIBIT NUMBER DESCRIPTION 99.1 Press Release dated June 30, 2003 announcing that data from its proof-of-concept trial to evaluate the effects of phosphodiesterase type 5 inhibitors in men with premature ejaculation did not demonstrate an increase in the time to ejaculation.
SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. Date: June 30, 2003 VIVUS, Inc. /s/ Richard Walliser ------------------------------------ Richard Walliser Vice President and Chief Financial Officer /s/ Leland F. Wilson ------------------------------------ Leland F. Wilson President and Chief Executive Officer
VIVUS, INC. INDEX TO EXHIBITS The following exhibits are filed herewith: EXHIBIT DESCRIPTION 99.1 Press Release dated June 30, 2003 announcing that data from its proof-of-concept trial to evaluate the effects of phosphodiesterase type 5 inhibitors in men with premature ejaculation did not demonstrate an increase in the time to ejaculation. - ------------
EXHIBIT 99.1 ------------ (COMPANY LOGO) COMPANY CONTACT: INVESTOR CONTACTS: - ---------------- ------------------ VIVUS, Inc. Lippert/Heilshorn & Associates, Inc. Richard Walliser Bruce Voss (bvoss@lhai.com) (650) 934-5200 (310) 691-7100 ir@vivus.com Jody Cain (jcain@ihai.com) www.lhai.com Media Contact - ------------- IRG Janet Vasquez (theproteam@aol.com) (212) 825-3512 FOR IMMEDIATE RELEASE - --------------------- VIVUS REPORTS DATA FROM PREMATURE EJACULATION PROOF-OF-CONCEPT TRIAL MOUNTAIN VIEW, Calif. (June 30, 2003)-VIVUS, Inc. (Nasdaq NM: VVUS), a pharmaceutical company developing innovative products to improve quality of life, today announced that data from its proof-of-concept trial to evaluate the effects of phosphodiesterase type 5 (PDE 5) inhibitors in men with premature ejaculation (PE) did not demonstrate an increase in the time to ejaculation. The trial evaluated the Company's VI-0162 (TA-1790); Viagra(R) (sildenafil), manufactured by Pfizer (NYSE:PFE); as well as placebo. Previous studies had suggested that inhibition of PDE5 was associated with increased time to ejaculation in men with PE. "While in this study PDE5 inhibitors did not demonstrate a significant improvement in ejaculatory latency, we have previously shown in a well controlled clinical trial that VIVUS' VI-0134, an oral, on-demand psychotropic compound, was able to significantly increase the ejaculatory latency period in men with PE," commented Dr. John Dietrich, Vice President of Research and Development at VIVUS. "TA-1790 has been shown to have important advantages over other PDE5 inhibitors for the treatment of erectile dysfunction (ED) and, therefore, our development plans with this product in ED remain unchanged and on schedule." Additional analysis of the VI-0162 study and plans to bring forward a product for PE will be discussed during the Company's quarterly conference call scheduled for July 16, 2003. VIVUS, Inc. is a pharmaceutical company engaged in the development of innovative therapies for the treatment of quality-of-life disorders in men and women, with a focus on sexual dysfunction. Current development programs target Female Sexual Dysfunction (FSD), Erectile Dysfunction (ED) and Premature Ejaculation (PE). VIVUS developed and markets in the U.S. MUSE(R) (alprostadil) and ACTIS(R), two innovations in the treatment of erectile dysfunction, and has partnered with Meda AB (Stockholm: MEDAa.ST) for the international marketing and distribution of its male transurethral ED products. In Canada, VIVUS has partnered exclusively with Paladin Labs (TSE: PLB) to market and distribute MUSE. For more information, please visit the Company's Web site at: www.vivus.com. This news release contains forward-looking statements about the potential commercialization of products in treating male sexual dysfunction and reflects management's current beliefs. However, as with any pharmaceutical under development, there are significant risks in development, regulatory approval and commercialization of newproducts. There are no guarantees that future clinical studies discussed in this news release will be successful or that any product will receive regulatory approval for any indication. Further, even if the Company were to receive regulatory approval for a product, there could be no assurance that such a product would prove to be commercially successful. Please see the Company's filings with the Securities and Exchange Commission including, without limitation, the Company's Form 10-K and Forms 10-Q, which identify these and other risks and uncertainties that may cause actual results or events to differ materially from those described in this news release.