AUTH/2544/11/12: GP v Napp — BuTrans promotional emails to NHS address (no breach) | PMCPA Case

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Key facts

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Case number	AUTH/2544/11/12
Complainant	General practitioner
Company	Napp Pharmaceuticals Limited
Product	BuTrans (buprenorphine matrix patch)
Issue	Promotional emails sent to an NHS email address; question over how the address was used and whether prior permission existed
Channel	Email promotion via a third-party agency/resource
Applicable Code year	2011
Clauses considered	Clauses 9.1 and 9.9
Panel decision	No breach of Clause 9.9; consequently no breach of Clause 9.1
Appeal	No appeal
Complaint received	6 August 2012
Case completed	15 October 2012

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

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A general practitioner complained that she received a BuTrans (buprenorphine matrix patch) advertisement twice to her NHS email address.
She said she generally avoided pharma representatives due to concerns about influencing prescribing decisions, and queried how her NHS email address was used for promotion.
Napp said a third-party agency sent the digital advertisement on its behalf and that the GP had previously opted in to receive such emails via the agency’s registration process.
The promotional email included information on how to unsubscribe.
The Panel considered the email to be promotional and noted companies remain responsible for third parties acting on their behalf.

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No breach of Clause 9.9 (email promotion requires prior permission) because there was evidence the GP had agreed to receive promotional material by email via the agency’s opt-in process.
No breach of Clause 9.1 (high standards) as a consequence.
No appeal.

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