GSK breach over Zejula pipeline tweet on public Twitter feed (AUTH/3230/7/19)

📅 2019 | 🖉 Dr Anzal Qurbain
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Key facts

CaseAUTH/3230/7/19
CompanyGlaxoSmithKline
MaterialTweet on @GSK (global corporate Twitter channel) in Q2 2019 results thread
MedicineZejula (niraparib tosylate monohydrate)
Main issuePublicly accessible tweet referenced Zejula trial/regulatory updates; Panel found this advertised a POM to the public
Complainant‘Concerned UK health professional’
Complaint received26 July 2019
Case completed12 December 2019
Applicable Code year2019
Breach clauses26.1
No breach clauses4.1, 4.3
AppealNo appeal
SanctionsUndertaking received; Additional sanctions: Not stated

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

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What happened

  • A ‘concerned UK health professional’ complained about a tweet on GlaxoSmithKline’s global corporate Twitter channel (@GSK) that appeared in their feed.
  • The tweet was part of a linked Q2 2019 results thread and included “Pipeline highlights – Oncology”.
  • It referenced Zejula (niraparib tosylate monohydrate) and stated: (1) “Positive headline results from PRIMA trial for Zejula as 1L maintenance therapy for ovarian cancer regardless of biomarker status” (unlicensed indication; unpublished results), and (2) “sNDA accepted by FDA… following QUADRA trial”.
  • The complainant alleged this promoted a prescription-only medicine (POM) to the general public on Twitter and lacked compulsory promotional information (eg generic name, prescribing information).
  • GSK argued the tweet was non-promotional financial/investor information, signposted by a link to a press release and the “$GSK” cashtag, and was not targeted beyond followers.
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Outcome

  • Breach: Clause 26.1.
  • No breach: Clauses 4.1 and 4.3 (Panel considered these health-professional promotion requirements not relevant because Twitter was a means of providing information to the public and the tweet was not intended as HCP advertising).
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