Boehringer Ingelheim breached Clause 4.3 after omitting generic names next to Spiolto/Spiriva brand names on hosted webpage

📅 2019 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3317/3/20
ComplainantAnonymous (concerned UK health professional)
CompanyBoehringer Ingelheim
IssueFailure to include non-proprietary (generic) names immediately adjacent to brand names at first appearance on an electronic advertisement
MaterialGuidelines in Practice webpage hosting video “Respimat Soft Mist reusable inhaler: patient benefits and environmental impact” (ref PC-UK-102088 V1)
Medicines referencedSpiolto Respimat; Spiriva Respimat
Code year2019
Clause(s) breachedClause 4.3
Complaint received9 March 2020
Case completed18 June 2020
AppealNo appeal
SanctionsUndertaking received

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

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What happened

  • An anonymous complainant (a concerned UK health professional) raised concerns about a Guidelines in Practice webpage hosting a Boehringer Ingelheim promotional video: “Respimat Soft Mist reusable inhaler: patient benefits and environmental impact” (ref PC-UK-102088 V1).
  • The webpage included the statements “View Spiolto prescribing information” and “View Spiriva prescribing information”.
  • These were the only mentions of the medicines on the webpage and therefore the first appearance of the brand names.
  • The non-proprietary names were not shown immediately adjacent to the brand names at first appearance (as required for electronic advertisements).
  • Boehringer Ingelheim said the page was accessible to health professionals who had agreed to be contacted with promotional information and had been emailed a link.
  • On becoming aware of the complaint, Boehringer Ingelheim took down the page, updated it to add the non-proprietary names, and recertified the content.
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Outcome

  • Breach found: Yes.
  • The Panel ruled a breach of Clause 4.3 (as acknowledged by Boehringer Ingelheim).
  • No appeal.
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