AUTH/1936/12/06: Schering Health Care – Public LARC advert and website found unbalanced, indirectly promoting Mirena (Clause 20.2)

📅 2006 | 🖉 Dr Anzal Qurbain
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Key facts

CaseAUTH/1936/12/06
PartiesDirector v Schering Health Care
MaterialPublic advertorial in Marks & Spencer magazine (Christmas 2006) and linked website (www.modernmotherhood.co.uk)
Therapy areaLong acting reversible contraception (LARC)
Product referenced by implicationMirena (levonorgestrel) – only IUS in the UK (as stated)
Main issueInformation not presented in a balanced way; content likely to encourage the public to ask a health professional for an IUS (effectively Mirena)
Applicable Code year2006
Clauses consideredClauses 2, 9.1, 20.2
Breach clausesTwo breaches of Clause 20.2
SanctionUndertaking received
Complaint received09 December 2006
Proceedings commenced10 December 2006
Case completed5 February 2007 (HTML page lists completed 04 February 2007)
AppealNo appeal
PublishedMay 2007 Code of Practice Review

Download the full case report (PDF)


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

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What happened

  • The PMCPA Panel (via Paragraph 17, Director complaint) reviewed a public-facing advertorial in the Marks & Spencer magazine (Christmas 2006) titled “Time for you to take control” about long acting reversible contraception (LARC).
  • A highlighted box described several LARC methods (IUS, implant, injection, IUD) but gave more favourable/quantified statements for the intrauterine system (IUS), including that it released “progestogen where needed, so you only absorb a low dose of hormones” and was “even more reliable than the pill”.
  • Comparable data/parameters were not provided for the other LARC methods (implant, injection, IUD), creating an imbalance.
  • The advert directed readers to Schering’s website www.modernmotherhood.co.uk, which included a “The GP is in!” section with FAQs and five “real life experiences” case studies.
  • All five case studies were from women prescribed an IUS; there were no case studies for other LARC methods.
  • Schering confirmed Mirena (levonorgestrel) was the only IUS available in the UK at the time.
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Outcome

  • Breach found: Clause 20.2 (advert) – the highlighted box used different parameters across methods and would encourage women to ask for an IUS, effectively a request for Mirena.
  • Breach found: Clause 20.2 (website case studies) – the case study section was not balanced and would encourage women to ask for an IUS (Mirena).
  • No breach: Clauses 2 or 9.1 were not ruled breached (Panel did not consider the circumstances warranted such rulings).
  • Schering removed the unbalanced case study section of the website (as described in its response).
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