AUTH/2600/4/13: Novo Nordisk v Sanofi – Lyxumia ‘only once-daily prandial GLP‑1’ and other claims ruled misleading/exaggerated

📅 2013 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2600/4/13
PartiesNovo Nordisk v Sanofi
ProductLyxumia (lixisenatide)
Therapy areaType 2 diabetes (GLP-1 receptor agonist)
MaterialsLeavepiece (GBIE.LYX.13.01.14 (PRO 20055)); one-off mailer (GBIE.LYX.13.02.02 (PRO 20140)); exhibition panels (Diabetes UK Annual Professional Conference, 13–15 March 2013)
Main claims challenged“The only once-daily prandial GLP-1 receptor agonist”; “A positive addition can make all the difference”; “Strong evidence supporting the use of Lyxumia as add-on to basal insulin”
Complaint received29 April 2013
Case completed7 August 2013
Applicable Code year2012
Breach clauses7.2 (x2), 7.10 (x3), 8.1
AppealAppeal by respondent (Sanofi) – unsuccessful
SanctionsUndertaking received; additional sanctions: Not stated

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

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What happened

  • Novo Nordisk complained about Sanofi promotional materials for Lyxumia (lixisenatide): a representatives’ leavepiece (ref GBIE.LYX.13.01.14 (PRO 20055)), a one-off mailer (ref GBIE.LYX.13.02.02 (PRO 20140)) and exhibition panels used at the Diabetes UK Annual Professional Conference (13–15 March 2013).
  • The complaint focused on three claims used across the materials/stand:
    • “The only once-daily prandial GLP-1 receptor agonist”
    • “A positive addition can make all the difference”
    • “Strong evidence supporting the use of Lyxumia as add-on to basal insulin” (referenced to Rosenstock et al (2012) and Riddle et al (2012))
  • Novo Nordisk alleged the “only once-daily prandial” positioning created an artificial class distinction, was not justified by evidence, implied superiority, and disparaged Victoza (liraglutide).
  • Sanofi argued “prandial” meant “pertaining to a meal” and was justified by Lyxumia’s mechanism/posology and literature; it appealed the ruling on the “only once-daily prandial” claim.
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Outcome

  • The Panel ruled the “The only once-daily prandial GLP-1 receptor agonist” claim was misleading and exaggerated, and that it disparaged Victoza.
  • The Appeal Board upheld the Panel’s rulings; Sanofi’s appeal was unsuccessful.
  • The Panel ruled “A positive addition can make all the difference” was misleading and exaggerated because it was broad and unqualified and would be associated with Lyxumia.
  • The Panel ruled “Strong evidence supporting the use of Lyxumia as add-on to basal insulin” exaggerated the strength of the data.
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