AUTH/2981/9/17: Member of the public v ViiV Healthcare — iPad use on a train (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/2981/9/17
Complainant	Member of the public
Company	ViiV Healthcare
Product	Triumeq (dolutegravir/abacavir/lamivudine)
Issue	Promotional material visible on an iPad on a train (public setting)
Applicable Code year	2016
Clauses considered	2, 9.1, 15.2, 26.1
Panel decision	No breach
Complaint received	26 September 2017
Case completed	23 November 2017
Appeal	No appeal

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

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A member of the public complained that a person using an iPad on a train had Triumeq (dolutegravir/abacavir/lamivudine) sales strategy and clinical information clearly visible.
The complainant was concerned that an HIV patient could use the information to challenge their current regimen with a nurse/doctor without fully understanding their overall treatment.
ViiV stated the individual was not a representative but a third-party service supplier employee doing technical checks on iPad-based promotional materials intended for hospital specialists.
The third-party employee said he viewed the material for about 10 minutes, swiped ~20 screens to test functionality, and did not engage with other passengers.
ViiV said the train was not overcrowded and there was an empty seat between the employee and the next passenger.

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No breach of Clause 15.2 (no representative as defined by the Code was involved).
No breach of Clause 26.1 (on balance, the circumstances did not amount to promotion of a prescription-only medicine to the public).
No breach of Clause 9.1 (no failure to maintain high standards).
No breach of Clause 2 (did not bring discredit upon, or reduce confidence in, the pharmaceutical industry).

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