AUTH/1921/11/06: Retired Hospital Doctor v Schering Health Care (LARC public advertisement) – No breach

📅 2006 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/1921/11/06
ComplainantRetired hospital doctor
CompanySchering Health Care Limited
MaterialMarks and Spencer magazine (Christmas 2006) page headed “Advertisement Promotion” and “Time for you to take control” about LARC
Therapy/topicLong-acting reversible contraception (LARC): IUS, IUD, implant, injection
Main allegationNo warnings/precautions; no warning that progestogens were recognised by IARC/WHO as carcinogenic and genotoxic
Clauses considered2, 9.1, 20.2
DecisionNo breach
Panel noteConcern about imbalance favouring IUS and website patient profiles; taken up as separate complaint (AUTH/1936/12/06)
Complaint received23 November 2006
Case completed16 February 2007
Applicable Code year2006
AppealNo appeal

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

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What happened

  • A retired hospital doctor complained about a Schering Health Care advertisement/feature on long-acting reversible contraception (LARC) in the Marks and Spencer magazine (Christmas 2006).
  • The page was headed “Advertisement Promotion” and “Time for you to take control” and discussed contraception for working mothers.
  • A highlighted box described four LARC methods: intrauterine system (IUS), intrauterine device (IUD), implant, injection (all except the IUD released progestogen).
  • The complainant alleged the piece lacked warnings/precautions and did not warn that progestogens were recognised by IARC/WHO as carcinogenic and genotoxic.
  • Schering said it was a non-promotional health information piece (no brand names), included at M&S insistence to label it as an advertisement feature, and directed readers to a website and to consult a doctor/family planning nurse.
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Outcome

  • No breach of the Code.
  • No breach of Clause 20.2; therefore no breach of Clauses 2 and 9.1.
  • Panel raised separate concerns about balance (IUS presented more positively; website patient profiles focused on IUS) and initiated a separate complaint under Paragraph 17 (Case AUTH/1936/12/06).
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