Trinity-Chiesi letter promoting Clenil: omission of 200mcg cost comparison not misleading in Scottish context

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Key facts

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Case number	AUTH/2106/3/08
Case reference	TRCLE20070433 (letter complained about)
Complainant	Anonymous primary care trust (PCT) pharmacist
Respondent/company	Trinity-Chiesi Pharmaceuticals Ltd
Product(s)	Clenil (beclometasone)
Material/channel	Promotional letter to primary care organizations / health professionals (Scotland)
Key issue	Alleged misleading cost comparison chart due to omission of 200mcg beclometasone vs Clenil data and “substantial savings” heading
Dates (received/completed if stated)	Complaint received 17 March 2008; Case completed 17 April 2008
Appeal	Not stated
Code year	Not stated
Breaches/clauses	No breach of Clauses 7.2, 7.3 and 7.4
Sanctions	No explicit additional sanctions stated beyond the required undertaking/corrective actions described in the report

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

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What happened

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An anonymous primary care trust (PCT) pharmacist complained about a letter (ref TRCLE20070433) from Trinity-Chiesi Pharmaceuticals Ltd promoting Clenil (beclometasone).
The complainant alleged the letter’s cost comparison chart was misleading, not accurate and not balanced because it omitted the cost difference for beclometasone 200mcg vs Clenil 200mcg.
The complainant said the chart’s heading referred to “substantial savings” but did not include the 200mcg data where the difference was alleged to be only 2%, compared with claimed 20–35% differences on other strengths.
Trinity-Chiesi stated the letter was mailed in October 2007 to primary care organizations in Scotland only, and copies were supplied to the Scottish sales force for distribution to Scottish health professionals only.
Trinity-Chiesi said 200mcg was omitted because the Scottish Drug Tariff did not feature a 200mcg beclometasone inhaler, so a comparison was not possible; it provided a printout of the Scottish Drug Tariff for October–December 2007.
Trinity-Chiesi provided a similar letter mailed in October 2007 to England and Wales (TRCLE20070420) where the chart included 200mcg because the Drug Tariff for England and Wales featured all four strengths.
The Panel noted there was no way to know how the complainant received the letter; the letter was for Scottish health professionals and PCTs did not exist in Scotland.
The Panel noted the complainant had provided only page 2 of a three-page letter; page 1 referred at the outset to the Scottish Drug Tariff.

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Outcome

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The Panel concluded there was no price in the Scottish Drug Tariff for a beclometasone 200mcg inhaler, so no drug tariff price comparison vs Clenil could be made for that strength.
The Panel considered that, although it might have been helpful for the chart to explain why the section was blank, the chart was not inaccurate, unbalanced or misleading as alleged.
No breach of Clauses 7.2, 7.3 and 7.4 was ruled.

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Key facts

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