AUTH/2681/11/13: Hospital doctor v GlaxoSmithKline (invitation strapline ‘do more, feel better, live longer’) – no breach on appeal | PMCPA Case

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Key facts

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Case number	AUTH/2681/11/13
Parties	Hospital Doctor v GlaxoSmithKline
Material	Invitation/flyer to visit GSK stands at Winter 2013 BTS meeting (ref UK/COM/0199/13)
Main issue	Whether strapline “do more, feel better, live longer” implied a longevity claim for GSK respiratory medicines (incl. Seretide)
Products mentioned	None on the invitation; complaint referenced Seretide; GSK stated BTS promotional stands promoted Relvar Ellipta
Applicable Code year	2012
Clauses considered	7.2 and 7.10
Panel finding	Initially ruled breach of Clause 7.2 in relation to implication for Seretide; no breach for broader portfolio due to lack of evidence (as described in report)
Appeal outcome	Appeal successful; Appeal Board ruled no breach (strapline not a claim for any particular medicine)
Final outcome	No breach of the Code
Complaint received	25 November 2013
Case completed	19 February 2014

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

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A hospital doctor complained about a bright orange invitation/flyer titled “GSK Respiratory” sent with the December 2013 issue of Thorax (ref UK/COM/0199/13).
The invitation included the GSK corporate logo and the strapline “do more, feel better, live longer” in the top right-hand corner.
The body text referenced COPD and asthma (eg, “Working to eradicate the patient impact of COPD & asthma”) and invited recipients to visit GSK’s promotional and medical exhibition stands at the Winter 2013 British Thoracic Society (BTS) meeting.
The complainant alleged the strapline could be misinterpreted as implying GSK respiratory products—particularly Seretide (salmeterol/fluticasone propionate)—could make patients live longer, which he said was not supported (citing TORCH).
The PMCPA asked GSK to respond under Clauses 7.2 and 7.10 (Code year 2012).
GSK argued the strapline was a long-standing corporate mission statement, not a product claim; no medicines were named; and the strapline/logo were positioned separately from the main text. GSK also stated the BTS promotional stands promoted Relvar Ellipta, not Seretide, and that orange was reserved for corporate branding.
GSK also described a supplier/printer mix-up between two flyers intended for different distribution routes, and actions taken to prevent recurrence (eg, job bag note; recertification for intended use).

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Final outcome: No breach of the Code (appeal successful).
The Appeal Board ruled the strapline as used on the invitation did not relate to, or make any claims for, any particular medicine, including Seretide, and therefore no breach of Clause 7.2.
The case record lists No breach of Clauses 7.2 and 7.10.
Timeline: complaint received 25 November 2013; case completed 19 February 2014.

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