Strides Pharma: LinkedIn comment promoted POM Strivit D3 to the public (AUTH/3347/5/20)

📅 2020 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3347/5/20
ComplainantMember of the public
CompanyStrides Pharma UK Ltd
ProductStrivit D3 (colecalciferol)
ChannelLinkedIn (comment on another company’s post)
IssuePromotion of a prescription only medicine to the public via a positive product comment/claims
Key quoted text“Strivit D3, licensed, prescribed, kosher and halal recommendations!!”
Applicable Code year2019
Complaint received12 May 2020
Case completed1 December 2020
Breach clauses2; 9.1; 26.1
SanctionsUndertaking received; Additional sanctions: Advertisement
AppealNo appeal

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

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What happened

  • A member of the public complained that Strides Pharma UK Ltd promoted Strivit D3 (colecalciferol), a prescription only medicine (POM), to the public on LinkedIn.
  • Vitabiotics Ltd posted on LinkedIn about donating product packs to the NHS, including an image of a healthcare worker holding “Ultra Vitamin D”.
  • A senior employee at Strides commented on that post: “Strivit D3, licensed, prescribed, kosher and halal recommendations!!”.
  • Strides said it intended the comment as a response to Vitabiotics (not for financial gain), believed mentioning product properties without cost/financial statements was not an infringement, and deleted the post.
  • Strides said it had recognised it needed a regulatory/governance lead to approve advertising/online content and put UK social media posts on hold.
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Outcome

  • The Panel ruled the LinkedIn comment contained claims for Strivit D3 and would likely be read by a wide range of people, including members of the public.
  • The Panel ruled this amounted to promotion of a POM to the public.
  • Breaches were ruled under Clauses 26.1, 9.1 and 2 (Code year 2019).
  • No appeal.
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