AUTH/3310/2/20: Ex-employee v Indivior — online trade journal interview (no breach)

📅 2020 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3310/2/20
ComplainantAnonymous, non-contactable ex-employee
CompanyIndivior UK Limited
MaterialOnline trade journal article/interview in PME/PMLiVE (Dec 2019)
Article title“As the opioid crisis grabs the headlines, the search for safe treatments continues”
Main allegationDisguised promotion/pre-marketing; promotion of unlicensed medicines; accessible to public
Medicines referenced (as alleged)Suboxone film; Sublocade; Perseris
Clauses considered2, 9.1, 26.1, 26.2
Applicable Code year2019
Panel decisionNo breach of Clauses 2, 9.1, 26.1, 26.2
Complaint received17 February 2020
Case completed21 May 2020
AppealNo appeal

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

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What happened

  • An anonymous, non-contactable ex-employee complained about an online article in Pharmaceutical Market Europe (PME)/PMLiVE (Dec 2019) titled “As the opioid crisis grabs the headlines, the search for safe treatments continues”, based on an interview with an Indivior senior executive.
  • The complainant alleged the piece was “veiled” as an industry article but effectively promoted unlicensed medicines and looked like pre-marketing, citing references to Suboxone film, Sublocade and Perseris.
  • The Authority asked Indivior to consider Clauses 2, 9.1, 26.1 and 26.2.
  • Indivior said the article was independently initiated and authored by a journalist, not commissioned/sponsored/paid for by Indivior, and Indivior had no editorial or distribution control.
  • Indivior stated PME was a trade journal aimed at pharma/biotech decision makers (not the public) and that Indivior did not distribute the article externally; it was shared internally to 26 people with an instruction not to share or post on social media.
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Outcome

  • No breach of Clause 26.1 (advertising prescription only medicines to the public).
  • No breach of Clause 26.2 (information about prescription only medicines made available to the public) — Panel considered it not relevant because PME was not aimed at the public.
  • No breach of Clause 9.1 (high standards).
  • No breach of Clause 2 (discredit to the industry; particular censure).
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