On March 9, 2009, VIVUS, Inc. (the "Company") conducted a conference call during which members of its senior management team discussed financial results for the fourth quarter and year ended December 31, 2008 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 March 11, 2009, the Company issued a press release titled "VIVUS to Present at the Cowen and Company Healthcare Conference." 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. Fourth Quarter and Year End 2008 Earnings
              Results Conference Call on March 9, 2009, 3:30 p.m. CDT
99.2          Press Release dated March 11, 2009