AstraZeneca ‘Happy Birthday’ Arimidex mailing envelope ruled disguised promotion (AUTH/1789/1/06)

📅 2006 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/1789/1/06
ComplainantNHS foundation trust deputy director of pharmacy
CompanyAstraZeneca UK Limited
MedicineArimidex (anastrozole)
MaterialMailing envelope with “Happy Birthday” and 10 stylised candles (mailing ref AZ 06/05 ARIM 05 16722)
IssueEnvelope implied non-promotional/personal content; lacked company/promotional identifiers
Applicable Code2003
BreachYes
Clause(s)Clause 10.1
Complaint received04 January 2006
Case completed02 February 2006
AppealNo appeal
Sanction(s)Undertaking received

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Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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What happened

  • An NHS foundation trust deputy director of pharmacy complained about an Arimidex (anastrozole) mailing sent by AstraZeneca UK Limited.
  • The mailing marked that Arimidex had been available for 10 years and was sent (Nov 2005) to potential customers (breast cancer consultants, specialist registrars, breast cancer nurses, gynaecologists and key pharmacists).
  • The envelope was white, had a pre-paid postage mark, a border of 10 stylised candles and the words “Happy Birthday”.
  • The envelope did not feature a company name or other indication it originated from a pharmaceutical company or was promotional.
  • The complainant alleged the envelope implied the contents were non-promotional, contrary to the Code.
  • AstraZeneca argued the envelope features (integral printing, postage paid mark, address label, and return address) should have made it clear it was a commercial mailing; it apologised if it arrived on the complainant’s birthday but denied a breach.
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Outcome

  • Breach ruled: the envelope gave a misleading impression that it contained something other than promotional material and therefore constituted disguised promotion of a medicine.
  • Applicable Code: 2003 Code (mailing sent in November 2005).
  • No appeal.
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