On November 11, 2008, VIVUS, Inc. conducted a webcast presentation at the Rodman & Renshaw Annual Global Investment Conference. A copy of the transcript of the webcast presentation 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.

(d) Exhibits.

Exhibit No.                                  Description

   99.1        Transcript of VIVUS, Inc. webcast presentation on November 11, 2008,
               12:15 p.m. ET.