AUTH/2180/11/08 & AUTH/2181/11/08: Ezetrol ‘New NICE technology appraisal’ ad in Pulse – no breach | PMCPA Case

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Key facts

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Case number	AUTH/2180/11/08 and AUTH/2181/11/08
Product	Ezetrol (ezetimibe)
Material	Journal advertisement in Pulse (ref 08-09 EZT.08.GB.751108.J)
Companies	Merck Sharp & Dohme Limited and Schering-Plough Limited
Complainant	Associate Director Pharmacy Policy & Prescribing at a teaching primary care trust
Main issue	Alleged misleading headline implying “New NICE” guidance; potential confusion between NICE TA132 (Nov 2007) and NICE CG67 (May 2008); omission of familial hypercholesterolaemia in main body
Applicable Code	2006
Clauses considered	7.2 and 7.4
Panel decision	No breach
Complaint received	3 November 2008
Case completed	23 December 2008
Appeal	No appeal

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

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An Associate Director (Pharmacy Policy & Prescribing) at a teaching primary care trust complained about a Pulse journal advertisement for Ezetrol (ezetimibe) issued by Merck Sharp & Dohme and Schering-Plough.
The ad headline stated: “New NICE technology appraisal recommends ezetimibe alone or in combination with initial statin therapy”.
The complainant argued readers might assume “New” referred to NICE Clinical Guideline 67 (Lipid Modification, May 2008), rather than NICE Technology Appraisal 132 (November 2007) cited in a small footnote.
The complainant also noted the main body did not refer to familial hypercholesterolaemia and alleged the ad was misleading.
The Authority asked the companies to respond under Clauses 7.2 and 7.4 (same in 2006 and 2008 Codes).

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No breach of the Code was ruled.
The Panel found the headline clearly referred to a “technology appraisal” and the claim could be substantiated by NICE TA132.
The Panel considered the prescribing information adequately stated the licensed indications, including familial and non-familial hypercholesterolaemia, and the ad was not misleading on that point.

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