On November 3, 2009, VIVUS, Inc. conducted a conference call during which members of its senior management team discussed financial results for the third quarter ended September 30, 2009 and certain other information. They also reported on product development highlights and responded to questions. A copy of the transcript of the conference call is attached hereto as Exhibit 99.1.

On November 5, 2009, VIVUS, Inc. issued a press release titled "VIVUS to Present at Merriman Curhan Ford's Investor Summit." A copy of the press release is attached hereto as Exhibit 99.2.

The information in this Form 8-K and the exhibits 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.

(d) Exhibits.

Exhibit No.                                  Description

   99.1        Transcript of VIVUS, Inc. Third Quarter 2009 Results Conference Call on
               November 3, 2009, 3:30 p.m. CT
   99.2        Press Release dated November 5, 2009