Wyeth: US-targeted Enbrel ad on Yahoo.com accessible in UK but ruled not directed at UK public (AUTH/1937/1/07)

📊

Key facts

⌄

Case number	AUTH/1937/1/07
Complainant	Head of medicines management at a primary care trust
Company	Wyeth
Medicine	Enbrel (etanercept)
Channel	Online advertisement on www.yahoo.com
Issue alleged	Direct-to-consumer advertising of a prescription-only medicine to the UK public
Key defence	Ad placed by US affiliate; intended for US audience only; US-specific features and US-only statements
Clauses considered	Clauses 2, 9.1, 20.1 and 21
Decision	No breach
Complaint received	2 January 2007
Case completed	8 March 2007
Applicable Code year	2006

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

🤖

Got a question about this case?

Ask one of our 13 specialist ABPI advisors — instant answers, 24/7.

Ask AskAnzal AI

🎬 Expert Video Walkthrough

🎬

Video walkthrough — coming for members

Subscribe now and get expert video analysis for every case as we publish them.

Subscribe — from £299/yr

📋

⌄

The head of medicines management at a primary care trust complained about an online advertisement for Enbrel (etanercept) seen on www.yahoo.com on 13 December 2006.
The complainant alleged the ad constituted direct-to-consumer advertising, noting a US-residents-only disclaimer was “buried” on an inside page, after readers had already seen messaging encouraging people with severe arthritis to ask their prescriber about Enbrel.
Wyeth said the ad was authorised and placed by its US affiliate (21 November 2006 to 21 December 2006) without the involvement or knowledge of Wyeth UK, and was intended for a US audience only.
Wyeth provided examples of US targeting: rheumatologist search required a US ZIP code or US state; terms referenced the American Medical Association; a US toll-free number offered an information kit; multiple pages stated “This site is intended for US audiences only”; prescribing information was US prescribing information with US-resident gating language.

⚖️

⌄

No breach of the Code was ruled.
The Panel found that although accessible from the UK, the Yahoo.com site and the Enbrel material were directed to a US audience and did not address a UK audience.
No breach of Clause 21.1 was ruled; therefore there was no advertisement to the UK public for a prescription-only medicine and no breach of Clause 20.1.
Given those findings, there could be no breach of Clauses 2 and 9.1.

🔒

Members get the complete breakdown — Clauses, Sanction, Signatory Lens, Audit checklist, and 3 Key Questions.

Best value

£249/year

Annual — save £99

£29/mo

Monthly

Join Now — Instant Access