Roche workshop at rheumatology conference ruled promotional and implied off-label use for Mabthera in AAV (AUTH/2598/4/13)

📅 2013 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2598/4/13
PartiesConsultant Rheumatologist v Roche Products Limited
ProductMabthera (rituximab)
IssueConference workshop content deemed promotional and implying use in all AAV forms (including CSS) despite licence only for GPA and MPA
Event setting30-minute workshop within exhibition hall at a national rheumatology conference
Licence timingLicence for GPA and MPA granted 22 April 2013 (day before presentation); not licensed for CSS
Complaint received29 April 2013
Case completed21 June 2013
Applicable Code year2012
Breach clausesClause 3.2; Clause 9.1
No breach clausesClause 12.1
SanctionUndertaking received
AppealNo appeal

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

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What happened

  • A consultant rheumatologist complained about a Roche-sponsored talk at a national rheumatology conference titled “ANCA-associated vasculitis (AAV) for rheumatologists”.
  • The complainant alleged the speaker repeatedly said he could not mention rituximab (“the R word”) due to the Code, and urged delegates to attend a subsequent session that would tell them what they needed to know about rituximab in vasculitis.
  • Roche had booked a 30-minute workshop located within the exhibition hall; organiser guidelines said sessions should be “educational rather than promotional” (terms not defined).
  • When Roche engaged the speaker, Roche had no licensed medicine in AAV; Mabthera (rituximab) received a licence for GPA and MPA the day before the presentation, but not for CSS.
  • The speaker agreement (certified January 2013) required a non-promotional presentation with no proactive mention of Mabthera/rituximab.
  • Despite this, two slides referred to Mabthera/rituximab, including a final slide headed “Biologics in ANCA associated vasculitis” summarising rituximab trial evidence, and the speaker also referred delegates to a later conference session where rituximab in AAV would be discussed.
  • Roche certified the slides on 11 and 12 April 2013 while the AAV licence was still pending.
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Outcome

  • The Panel ruled the session was promotional under the Code (despite being highly educational) because of the slides and the speaker’s comments/signposting.
  • The Panel ruled the presentation implied rituximab could be used in all forms of AAV (including CSS), which was not in accordance with the marketing authorisation.
  • The Panel ruled Roche failed to maintain high standards because it certified slides while the licence was pending and should have ensured compliance regardless of the speaker’s wishes.
  • The Panel ruled the promotional nature of the session was not disguised because the programme clearly associated the session with Roche and it was not portrayed as non-promotional.
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