AUTH/2340/7/10: Novartis v Dexcel Pharma – Deximune switching claims omitted required monitoring

📅 2010 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2340/7/10
PartiesNovartis Pharmaceuticals UK Ltd v Dexcel Pharma Limited
MedicineDeximune (ciclosporin); comparator referenced: Neoral (ciclosporin)
MaterialsMailing “Ciclosporin Prescribing in the UK The Facts” (DEX/10/0013); Detail aid (DEX/10/0001) available online
Main issueEmphasis on “no dose adjustment” when switching, with insufficient/absent SPC-required close monitoring information (ciclosporin blood concentrations, serum creatinine, blood pressure)
Applicable Code year2008
Complaint received29 July 2010
Case completed03 September 2010
Breach clausesClause 3.2 (x2) and 7.2 (x2)
AppealNo appeal
SanctionUndertaking received

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

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What happened

  • Novartis complained about Dexcel Pharma’s promotion of Deximune (ciclosporin) via a mailing (DEX/10/0013) and an online detail aid (DEX/10/0001).
  • The materials stated patients could be started on, or switched to, Deximune from Neoral “without the need for dose adjustment”, with visual emphasis in the mailing.
  • Novartis argued this presentation/omission failed to adequately alert readers to the SPC requirement for close monitoring when switching between oral ciclosporin formulations (ciclosporin blood concentrations, serum creatinine and blood pressure).
  • The mailing was used at a conference and circulated to the transplantation community (including pharmacists); the detail aid was available online to health professionals.
  • Dexcel defended the mailing but did not contest the complaint about the detail aid and agreed to stop distributing it.
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Outcome

  • Breach found for both the mailing and the detail aid.
  • The Panel ruled the materials were misleading by omission/implication regarding precautions required when switching brands.
  • The Panel ruled the claims were not consistent with the particulars in the Deximune SPC/marketing authorisation.
  • No appeal.
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