Doctor v Allergan (AUTH/1829/4/06): Vistabel POM advert in Aesthetic Medicine – no breach | PMCPA Case

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Key facts

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Case number	AUTH/1829/4/06
Complainant	Doctor
Company	Allergan Limited
Product	Vistabel (botulinum toxin type A)
Material / activity	Advertisement in Aesthetic Medicine
Main issue	Whether a POM advertisement appeared in a publication accessible to the public / not appropriately restricted
Applicable Code year	2006
Clause(s) considered	Clause 20.1
Outcome	No breach
Complaint received	20 April 2006
Case completed	13 June 2006
Appeal	No appeal
Additional sanctions	None stated

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

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A doctor complained that an advertisement for Vistabel (botulinum toxin type A), a prescription only medicine (POM), was placed by Allergan in Aesthetic Medicine.
The complainant alleged the journal was not a bona fide medical journal circulated exclusively to the medical profession and was distributed freely to beauty salons and accessible to unqualified individuals.
The PMCPA asked Allergan to respond in relation to Clause 20.1 (promotion of POMs to the public).
Allergan said it reviewed the aims and circulation before placing the ad and believed the journal was suitable; it provided circulation/readership information (10,000 copies monthly) showing a mixed but largely professional audience.
Readership breakdown provided included health professionals and some non-HCP roles (eg clinic managers; beauty salon/spa owners where a doctor or nurse is present; and 3% “other”).

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The Panel ruled that the advertisement did not promote a POM to the public given the journal’s distribution.
No breach of Clause 20.1 was found (and the case outcome is recorded as No breach).

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