September 25, 2018 Mark K. Oki Chief Financial Officer and Chief Accounting Officer Vivus, Inc. 900 E. Hamilton Avenue, Suite 550 Campbell, CA 95008 Re: Vivus, Inc. Registration Statement on Form S-3 Filed September 14, 2018 File No. 333-227353 Dear Mr. Oki: This is to advise you that we have not reviewed and will not review your registration statement. Please refer to Rules 460 and 461 regarding requests for acceleration. We remind you that the company and its management are responsible for the accuracy and adequacy of their disclosures, notwithstanding any review, comments, action or absence of action by the staff. Please contact Christine Westbrook at 202-551-5019 with any questions. Sincerely, Division of Corporation Finance Office of Healthcare & Insurance cc: Jon Layman, Esq.