AUTH/2911/11/16: Anonymous (non-contactable) v Galen — Promotion of Laxido (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/2911/11/16
Complainant	Anonymous, non-contactable
Company	Galen
Product	Laxido (macrogol plus electrolytes)
Setting	Scottish Prescribers Association meeting (recent meeting referenced; older photo also provided)
Main allegations	Misleading cost-saving comparisons/claims; alleged rebate offer; non-like-for-like comparisons; alleged competitor disparagement; alleged disrepute
Clauses considered	2, 7.2, 7.3, 8.1
Decision	No breach
Complaint received	30 November 2016
Case completed	13 January 2017
Applicable Code year	2016
Appeal	No appeal

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

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An anonymous, non-contactable complainant alleged Galen’s promotion of Laxido (macrogol plus electrolytes) at a Scottish Prescribers Association meeting involved misleading cost-saving comparisons and repeated year-on-year claims.
The complainant provided a photograph of an older Laxido exhibition panel and alleged it relied on an “erroneous category M change” later reversed.
Allegations included: claims of “several million pounds” savings; non-like-for-like comparisons versus CosmoCol products; misunderstanding of NHS Scotland’s devolved structure; and an alleged offer of a rebate to cover price differentials (said to be impermissible under NHS Scotland financial rules).
A further allegation claimed Galen staff disparaged a competitor by suggesting it would not be “afloat” in 2016/17.
Galen denied the alleged statements, investigated internally, and provided context on banner stands used (2014 Laxido Orange stand; 2015/2016 “Trustsaver” stand) and pricing assertions (including that Laxido Natural was discontinued in 2009 and Laxido Orange pricing had not increased since July 2014).

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No breach of the Code was ruled.
The Panel emphasised that anonymous complaints are accepted, but the complainant still bears the burden of proof on the balance of probabilities; the complainant could not be contacted for more information.
The Panel found the complainant did not provide sufficient evidence/materials to substantiate the alleged misleading claims, rebate discussions, or competitor disparagement.

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