ALK-Abelló: unsolicited promotional emails and excessive launch mailings for Grazax (AUTH/1981/3/07)

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Key facts

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Case number	AUTH/1981/3/07
Complainant	Consultant in respiratory medicine
Company	ALK-Abelló (UK) Limited
Product	Grazax (SQ-T oral lyophilisate)
Main issue	Unsolicited promotional emails; launch-period promotional mailing limit
Complaint received	27 March 2007
Case completed	3 July 2007
Applicable Code year	2006
Breach clauses	Clause 9.9; Clause 12.2
No breach	Clause 9.1
Appeal	No appeal
Sanction	Undertaking received

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

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A consultant in respiratory medicine complained about receiving several unsolicited emails from ALK-Abelló (UK) Limited about Grazax (SQ-T oral lyophilisate), plus an “absolute barrage” of information via conventional channels.
ALK-Abelló obtained the consultant’s email address via a third-party specialist database/agency which stated it was used by various organisations including pharmaceutical companies, but did not state how pharma companies would use the data.
The agency told ALK-Abelló that consultants could choose to submit an email address so “users” could contact them; ALK-Abelló relied on the agency’s written assurance that physicians had permission to be contacted by email.
ALK-Abelló sent multiple communications around the January 2007 launch of Grazax, including an initial mailing (Dear Dr letter + SPC) and three further promotional mailings, plus meeting invitations/updates.
The Panel reviewed whether the company had (a) explicit consent to send promotional material by email and (b) complied with the launch-period limit on promotional mailings.

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Breach of Clause 9.9 (unsolicited promotional email without explicit consent).
Breach of Clause 12.2 (exceeded the permitted number of promotional mailings in the first six months post-launch).
No breach of Clause 9.1 (high standards) in the circumstances.
No appeal.

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