On October 24, 2009, Dr. Wesley Day, Vice President of Clinical Development at VIVUS, Inc. (the “Company”), presented data from the Company’s two year long phase 3 obesity trials at the 27th Annual Scientific Meeting of The Obesity Society in Washington, D.C.  A copy of  Dr. Day’s slide presentation from the meeting is attached hereto 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 Registrant’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.