AUTH/2046/9/07: Takeda v GlaxoSmithKline — Avandia press release on global corporate website (No breach)

📅 2007 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2046/9/07
PartiesTakeda UK Limited v GlaxoSmithKline
ProductAvandia (rosiglitazone); comparator referenced by complainant: Actos (pioglitazone)
MaterialPress release on GSK global corporate website: “GlaxoSmithKline presents Avandia data to FDA”
ChannelInternet (global corporate website) and issued to UK business/financial media (per Panel findings)
Complaint received20 September 2007
Completed11 January 2008
Applicable Code year2006
AppealNo appeal
DecisionNo breach (press release not within scope of the Code under Clause 21.2)
Key reasoningAlthough placed by a UK company/affiliate, the release did not make specific reference to UK availability or use; safety information related to US use and FDA context.

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

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What happened

  • Takeda complained about a GlaxoSmithKline (GSK) press release posted on GSK’s global corporate website (www.gsk.com) on 30 July 2007: “GlaxoSmithKline presents Avandia data to FDA”.
  • The release summarised data presented to a US FDA Advisory Committee about Avandia (rosiglitazone) and cardiovascular ischaemic risk, and included “Important Safety Information” framed around US use and FDA context.
  • Takeda argued the global site was effectively UK-directed (UK registration, LSE share price on homepage, UK career routing, Google results, and London contact numbers on the release), so GSK UK was responsible for US affiliate content.
  • Takeda alleged multiple Code breaches (including Clause 2) and argued some statements were not aligned with the Avandia SPC; it also referenced the EFPIA Code (not within the Panel’s remit).
  • During inter-company dialogue, GSK amended the website presentation so the version accessed via “Avandia News” was labelled as intended for “business journalists and analysts/investors”.
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Outcome

  • No breach of the Code.
  • The Panel decided the press release did not come within the scope of the Code under Clause 21.2 because it did not make specific reference to the availability or use of Avandia in the UK.
  • As the material was ruled out of scope, the other allegations (including Clause 2) were consequently ruled not in breach.
  • The Panel noted it had no locus to rule on the EFPIA Code.
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