Date:5/13/2009

words such as "anticipate," "believe," "forecast," "estimated" and "intend," among others. These forward-looking statements are based on VIVUS' current expectations and actual results could differ materially. There are a number of factors that could cause actual events to differ materially from those indicated by such forward-looking statements. These factors include, but are not limited to, substantial competition; uncertainties of patent protection and litigation; uncertainties of government or third party payer reimbursement; reliance on sole source suppliers; limited sales and marketing efforts and dependence upon third parties; risks related to the development of innovative products; and risks related to failure to obtain FDA clearances or approvals and noncompliance with FDA regulations. As with any pharmaceutical under development, there are significant risks in the development, regulatory approval and commercialization of new products. There are no guarantees that future clinical studies discussed in this press release will be completed or successful or that any product will receive regulatory approval for any indication or prove to be commercially successful. VIVUS does not undertake an obligation to update or revise any forward-looking statement. Investors should read the risk factors set forth in VIVUS' Form 10-K for the year ended December 31, 2008 and periodic reports filed with the Securities and Exchange Commission.

    CONTACT:

    VIVUS, Inc.                Investor Relations:  The Trout Group
    Timothy E. Morris                               Brian Korb
    Chief Financial Officer                         646-378-2923
    650-934-5200
                               Public Relations:    Pure Communications, Inc.
                                                    Sheryl Seapy
                                                    949-608-0841

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SOURCE VIVUS, Inc. Copyright©2009 PR Newswire. All rights reserved

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