Dr Falk Pharma voluntary admission: promotional Salofalk video accessible to the public via NHS Alliance site (and later found on YouTube)

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Key facts

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Case	AUTH/3063/9/18
Company	Dr Falk Pharma UK Ltd
Product / therapy area	Salofalk (mesalazine); inflammatory bowel disease
Issue	Promotional video accessible without restriction on NHS Alliance website; later found on YouTube
Channel	NHS Alliance website; YouTube
Views on YouTube	131
Video removed from YouTube	6 August 2018
Complaint received	06 September 2018
Case completed	12 November 2018
Applicable Code year	2016
Breach clauses	9.1, 14.1, 26.1, 26.2
No breach clauses	Clause 2; Clauses 26.1 and 26.2 (YouTube point on narrow ground)
Sanctions	Undertaking received; additional sanctions: Not stated
Appeal	No appeal

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

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Dr Falk Pharma UK made a video (2015) with a third party for use on the NHS Alliance website for 12 months.
The video discussed inflammatory bowel disease and treatment, included a patient case study, and highlighted advantages of mesalazine granules (Salofalk) vs tablets, including reference to a Dr Falk-supported study and potential NHS savings.
Access to the NHS Alliance webpage hosting the video was not limited; it was impossible to determine how many people viewed it or whether viewers were health professionals.
In August 2018, Dr Falk was informed the video was also available on YouTube; it had been uploaded in December 2015 by an unknown person without Dr Falk’s knowledge or permission.
The video had 131 views on YouTube and was removed on 6 August 2018.
Dr Falk stated it did not monitor social media outside its control and was unaware the video was on YouTube.
Dr Falk voluntarily admitted breaches; under the Constitution and Procedure the Director treated the admission as a complaint.

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The Panel considered the film promotional given its focus on the advantages of Salofalk.
Breach ruled for failure to certify the promotional material.
No breach ruled for advertising to the public via YouTube on the narrow ground that Dr Falk did not make the film available to the public on YouTube.
Breach ruled for advertising a prescription only medicine to the public via the NHS Alliance website (audience/access not justified or restricted).
Breach ruled for encouraging members of the public to ask their health professional to prescribe a prescription only medicine.
Breach ruled for failure to maintain high standards.
No breach of Clause 2 was ruled.
No appeal.

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