Rayner: Ilube bellyband on Eye News visible through postal wrapper ruled promotion of a POM to the public (AUTH/3334/4/20)

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Key facts

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Case	AUTH/3334/4/20
Complainant	Health professional
Company	Rayner Pharmaceuticals Ltd
Product	Ilube (acetylcysteine eye drops)
Issue	Journal bellyband advertisement visible through transparent postal wrapper (potential public exposure)
Applicable Code year	2019
Complaint received	21 April 2020
Case completed	3 July 2020
Appeal	No appeal
Breach clauses	Clause 2; Clause 9.1; Clause 9.8; Clause 26.1
Sanctions	Undertaking received; Additional sanctions: Not stated

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

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A health professional received a posted copy of Eye News with a wraparound “bellyband” advertisement for Ilube (acetylcysteine eye drops).
The advertisement was visible through the unopened, transparent plastic postal packaging, meaning it could be seen by members of the public during distribution.
The complainant alleged this breached the prohibition on promoting prescription-only medicines (POMs) to the public.
Rayner said the ad was intended for health professionals, used professional language, and was placed via the publication’s media package; Rayner said it did not intend public visibility and only later learned the journal was mailed in transparent plastic.

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The Panel ruled that the Ilube advertisement was visible to the public in the post and therefore breached the Code.
The Panel found Rayner had not maintained high standards, noting a lack of evidence that anyone questioned whether the bellyband would be visible during mailing.
The Panel was concerned about lack of care/attention to detail on a matter reflecting UK law.
No appeal.

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