UCB employee LinkedIn profile promoted unlicensed bimekizumab (AUTH/3287/12/19)

📅 2019 | 🖉 Anzal Qurbain
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Key facts

Case numberAUTH/3287/12/19
Case referenceEmployee v UCB – Personal LinkedIn Profile
ComplainantAnonymous, non-contactable UCB employee
Respondent/companyUCB
Product(s)Bimekizumab (unlicensed; Phase 3 development for axial spondyloarthritis/axial spondyloarthropathy)
Material/channelPersonal LinkedIn profile (openly accessible)
Key issueStatement on LinkedIn naming an unlicensed medicine and an indication; whether this was promotional and required certification
Dates (received/completed if stated)Complaint received: 13 December 2019; Case completed: 27 March 2020
AppealNot stated
Code yearNot stated
Breaches/clausesBreach: 3.1, 14.1, 9.1. No breach: 4.1, 4.9, 4.10, 26.1, 26.2, 2.
SanctionsNo explicit additional sanctions stated beyond the required undertaking/corrective actions described in the report

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

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What happened

  • An anonymous, non-contactable UCB employee complained about a colleague’s openly accessible personal LinkedIn profile.
  • The profile described the colleague’s role at UCB as: “Supporting Phase 3 programme in axial spondyloarthropathy for bimekizumab”.
  • The complainant alleged this could generate pre-licence interest and that the colleague’s network appeared to include health professionals and the general public.
  • The complainant queried whether the statement had been certified and raised concerns about missing prescribing information/black triangle/adverse event reporting statements.
  • UCB said the wording was created independently by the individual without UCB’s instruction or knowledge; UCB asked the individual to remove it during its internal investigation.
  • UCB stated bimekizumab was unlicensed and in Phase 3 development for axial spondyloarthritis, with a potential marketing authorisation in that indication expected in 2023.
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Outcome

  • The Panel ruled the statement promoted an unlicensed medicine because it included the medicine name and an indication.
  • Breach ruled: Clause 3.1 (promotion of an unlicensed medicine).
  • Breach ruled: Clause 14.1 (material not certified).
  • No breach ruled: Clause 4.1 (prescribing information not relevant for an unlicensed medicine with no SPC).
  • No breach ruled: Clauses 4.9 and 4.10 (adverse event reporting statement and black triangle not relevant given the medicine was unlicensed and not available to prescribe outside clinical trials).
  • No breach ruled: Clauses 26.1 and 26.2 on a narrow technical point because the clauses apply to prescription only medicines and the unlicensed medicine was not classified as such.
  • Breach ruled: Clause 9.1 (high standards not maintained).
  • No breach ruled: Clause 2 (although the Panel noted the seriousness and potential for Clause 2, it decided on balance there was no breach given the professional networking context and likely professional interest of viewers).
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