Alliance Pharmaceuticals: LinkedIn launch post and press release ruled promotion of POM to the public (Xonvea)

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Key facts

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Case number	AUTH/3126/11/18
Company	Alliance Pharmaceuticals
Product	Xonvea (doxylamine succinate 10mg/pyridoxine hydrochloride 10mg)
Channel	LinkedIn post linking to a press release
Issue	Promotion of a prescription-only medicine to the public; further dissemination via employee “likes”; high standards
Complainant	Concerned UK health professional
Complaint received	29 November 2018
Case completed	20 March 2019
Applicable Code	2016
Breach clauses	9.1, 26.1, 26.2
No breach clauses	2
Sanction	Undertaking received
Appeal	No appeal

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

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A UK health professional complained about an Alliance Pharmaceuticals LinkedIn post announcing the UK launch of Xonvea (doxylamine succinate 10mg/pyridoxine hydrochloride 10mg) for nausea and vomiting of pregnancy where conservative management had failed.
The post included the Xonvea brand name in logo format and linked to a press release titled “Xonvea launch in the UK”.
The press release included statements such as: “there is no other licensed treatment for nausea and vomiting of pregnancy in the UK…” and that the combination is “recommended as a first-line pharmacotherapy in the USA and Canada” and “prescribed to over 33 million women”.
The complainant alleged the content appeared in their LinkedIn feed and was further disseminated by UK-based employees “liking” the post.
Alliance said it was intended as a non-promotional corporate PR announcement, visible only to followers (~4000), and that the Xonvea logo appeared larger than the certified version due to an upload issue.
Alliance also noted a company-wide email at launch gave social media guidance including: “You are able to like a Xonvea related post.”
The Panel considered the LinkedIn post and press release together because they were inextricably linked.
The Panel considered that “liking” a post amounted to proactive dissemination because it could push the content into connections’ feeds and appear in activity lists.

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The Panel ruled the LinkedIn post and linked press release promoted a prescription-only medicine to the public and could encourage the public to ask a health professional to prescribe it.
The Panel ruled that high standards had not been maintained, including due to the company-wide email appearing to encourage “liking” of a Xonvea post.
No breach of Clause 2 was ruled (the Panel did not consider the circumstances warranted particular censure under Clause 2).
Alliance’s admission of a breach of Clause 14.1 (final form differing from certified) was noted, but the Panel made no ruling because it was not part of the allegation raised for the case.

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