AUTH/2934/2/17: Johnson & Johnson breached Clause 4.4 over Nicorette rolling banner missing prominent PI link on first frame

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Key facts

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Case number	AUTH/2934/2/17
Parties	Health professional consultant to a pharmaceutical company v Johnson & Johnson
Product	Nicorette (nicotine)
Material	Online rolling banner advertisement on Pulse online; headed “Nicorette Do Something Incredible”; referred to combination nicotine replacement therapy (NRT)
Reference	UK/NI/16-7664
Complaint received	08 February 2017
Case completed	10 May 2017
Applicable Code year	2016
Breach clauses	Clause 4.4
No breach clauses	Clauses 4.1, 4.3, 9.1, 11.1, 26.1
Sanctions	Undertaking received; additional sanctions not stated
Appeal	No appeal

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

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A health professional (consultant to Novartis) complained in a private capacity about a Johnson & Johnson online “rolling banner” advertisement for Nicorette (nicotine) on Pulse online (ref UK/NI/16-7664).
The banner rotated through four frames over ~10 seconds (each shown ~2.5 seconds) on a continuous loop.
Allegations included: no generic name shown; no mention on the ad of where prescribing information (PI) could be found (though available after clicking); the ad was a “teaser”; risk it could appear to the wrong audience; PI was hard to read (single large block).
PMCPA applied its approach to private complaints from pharma employees/consultants: Novartis was named in the report to avoid circumventing intercompany complaint procedures.

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Breach: Clause 4.4 (PI link not clear and prominent on the first banner).
No breach: Clause 4.1 (PI legibility), Clause 4.3 (non-proprietary name), Clause 9.1 (teaser advertising), Clause 11.1 (suitability for audience), Clause 26.1 (promotion of POMs to the public).
The Panel considered the ad was aimed at prescribers (Pulse’s main audience) and noted Nicorette was a general sales list (GSL) medicine.

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