Anonymous v Genus: “Parkinson’s disease specialist” nurse advisor claims for APO-go

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Key facts

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Case number	AUTH/2358/9/10
Parties	Anonymous v Genus Pharmaceuticals Ltd
Product	APO-go (apomorphine hydrochloride)
Issue	Misleading implication that APO-go nurse advisors were Parkinson’s disease nurse specialists (PDNSs)
Materials	Journal advertisement (ref APG.API.V11); Summary of Services booklet; business cards
Complaint received	22 September 2010
Case completed	26 January 2011
Applicable Code year	2008
Breach clauses	7.2 (x2) and 9.1
No breach clauses considered	Clause 2; Clause 18.1; Clause 18.4; and Clause 7.2 (business cards)
Sanction	Undertaking received
Appeal	No appeal

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

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An anonymous complainant challenged a Genus journal advertisement for APO-go (apomorphine hydrochloride) that stated: “Pd [Parkinson’s disease] specialist Nurse Advisors in APO-go (NAAs) – dedicated Pd trained nurse support”.
The complainant alleged this implied the team were Parkinson’s disease nurse specialists (PDNSs), which was not the case for most team members, and said some nurses referred to themselves as PD specialists “in the field”.
The complainant also raised concerns about alleged changes to patients’ medicines (other than apomorphine) and asked the PMCPA to review business cards.
Genus explained the APO-go “package of care” and nurse advisor support, stated nurses had varying PD experience (including some PDNSs), and said “specialist” had only been used in the advertisement and would be withdrawn.
The Panel also reviewed a “Summary of Services” booklet describing the nurse support programme and referencing NICE guidance and PDNS skills, which could reinforce an impression that all Genus nurse advisors were PDNSs.

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Breach of Clause 7.2 for the journal advertisement: describing the team as “Parkinson’s disease specialist nurse advisors” was misleading because some readers could assume all were PDNSs.
No breach of Clause 7.2 for the business cards: the Panel did not consider the cards misleading as to nurse status.
Breach of Clause 7.2 for the Summary of Services booklet: not sufficiently clear about qualifications/status of the nurse advisors and could imply PDNS status.
No breach of Clause 18.1: no evidence the package of care was an inducement to prescribe/supply/administer/recommend/buy/sell APO-go.
No breach of Clause 18.4: because the service bore the name “APO-go” and was inextricably linked with the product, it was not covered as a medical/educational good or service under that clause.
Breach of Clause 9.1: high standards were not maintained (based on the misleading impressions found).
No breach of Clause 2: the Panel did not consider the matter such as to bring discredit upon or reduce confidence in the industry.
No appeal.

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