Eli Lilly v Novo Nordisk: Levemir ad implied weight loss via “Changing Figures” strapline and imagery (AUTH/2056/10/07)

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Key facts

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Case number	AUTH/2056/10/07
Complainant	Eli Lilly and Company Limited
Respondent	Novo Nordisk Limited
Product	Levemir (insulin detemir)
Material	Journal advertisement in Diabetes Update, Autumn 2007 (ref UK/LM/0707/0052)
Main issue	Image + strapline “Levemir is changing figures” implied weight loss; overall impression misleading/ambiguous
Applicable Code year	2006
Breach clauses	7.2 and 7.8
Panel decision	Breach of Clauses 7.2 and 7.8
Appeal	Appeal by respondent; unsuccessful (breaches upheld)
Complaint received	10 October 2007
Case completed	07 January 2008
Sanctions	Undertaking received; additional sanctions not stated
Source	https://www.pmcpa.org.uk/cases/completed-cases/auth20561007-eli-lilly-v-novo-nordisk

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

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Eli Lilly complained about a Novo Nordisk journal advertisement for Levemir (insulin detemir) in Diabetes Update, Autumn 2007 (ref UK/LM/0707/0052).
The ad used an underwater photo of five overweight women (bodies shown neck-down) with the prominent strapline: “Levemir is changing figures”.
Lilly alleged the combination of image + strapline implied Levemir was associated with weight loss, which was not supported by the SPC (which described weight gain of 0.7–3.7kg in type 2 diabetes depending on regimen).
Novo Nordisk argued “figures” referred to clinical figures (HbA1c, hypoglycaemia risk, and less weight gain vs comparators) supported by trials and the SPC, and that overweight imagery reflected typical type 2 diabetes patients.

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The Panel ruled the advertisement was misleading/ambiguous as alleged and found breaches of Clauses 7.2 and 7.8.
Novo Nordisk appealed; the Appeal Board upheld the breaches and found the strapline was a play on words which, with the image, implied women would lose weight/shape would improve.
The appeal was unsuccessful.

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