VIVUS Inc. reported unaudited consolidated earnings results for the third quarter and nine months ended September 30, 2009. For the quarter, the company reported total revenue was $4.4 million compared to $25.5 million for the third quarter of 2008. Net loss was $21.1 million or $0.30 per basic and diluted share compared to net income of $266,000 or $0.00 per basic and diluted share for the third quarter of 2008. The company reported loss from operations of $20.36 million and loss before income taxes of $21.06 million compared to income from operations of $2.84 million and income before income taxes of $271,000 for the same period a year ago. For the nine months ended September 30, 2009, the company reported total revenue was $41.4 million compared to $73.4 million for 2008. Net loss was $41.1 million or $0.59 per basic and diluted share compared to $3.2 million or $0.05 per basic and diluted share for 2008. The company reported loss from operations of $39.17 million and loss before income taxes of $41.1 million compared to income from operations of $2.22 million and income before income taxes of $3.23 million for the same period a year ago.

VIVUS Inc. announced the promotion of Peter Tam to president of VIVUS. In this position, Mr. Tam will lead and have overall responsibility for VIVUS' development and business functions, including corporate and product strategy, business development, clinical and preclinical development, regulatory affairs and chemistry, manufacturing and controls. Leland Wilson, formerly president and chief executive officer, will remain CEO of VIVUS. Mr. Tam was also appointed to the Board of Directors.

VIVUS Inc. announced in connection with Mr. Tam’s appointment as a director, the Board amended and restated the company’s bylaws to increase the authorized number of directors of the company from six to seven, effective immediately.