Ferring: Uncertified Nocdurna supplement remained accessible online years after intended withdrawal (AUTH/3370/8/20)

📅 2020 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3370/8/20
CompanyFerring Pharmaceuticals Ltd
ComplainantConcerned UK health professional
MaterialSupplement “Trends Urology and Men’s Health” (Practical approach to diagnosis and management of nocturia)
MedicineNocdurna (desmopressin)
IssueSupplement remained accessible online beyond stated hosting end date; appeared not to have been certified/recertified while still accessible
Stated hosting end dateDecember 2017
Accessibility findingStill available on a WordPress microsite builder and potentially discoverable via search engines; accessible for over 2.5 years beyond intended withdrawal
Complaint received11 August 2020
Case completed29 January 2021
Applicable Code year2019
Clauses considered9.1, 14.1, 14.5
Breaches9.1, 14.5
No breach / no ruling14.1 (no ruling made)
SanctionsUndertaking received; additional sanctions not stated
AppealNo appeal

Download the full case report (PDF)


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

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What happened

  • A UK health professional complained that a Ferring-commissioned/sponsored supplement (“Trends Urology and Men’s Health”) was still available online despite stating it would be hosted only until December 2017.
  • The supplement included UK prescribing information for Nocdurna (desmopressin), including NHS price and the UK company address.
  • Ferring said the supplement was owned/placed by its European Commercial Organisation (ECO) (based in Switzerland, later disbanded) and the UK affiliate was unaware of it.
  • An agreement (signed April 2017) required withdrawal after six months; the homepage feature box link was removed automatically when hosting expired, but the PDF remained hosted in a WordPress “microsite builder”.
  • The PDF could still be accessed if someone had the direct link and could potentially be found via search engines; it remained accessible for over two and a half years beyond the intended withdrawal date.
  • Ferring removed the supplement from the publisher’s microsite builder within a day of receiving the complaint.
  • The Panel considered the material within scope of the UK Code due to its European reach including the UK and inclusion of UK prescribing information; UK companies are responsible for overseas affiliates and third parties where UK Code scope applies.
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Outcome

  • No breach of Clause 14.1 (no ruling made).
  • Breach of Clause 14.5 (recertification/certification requirements).
  • Breach of Clause 9.1 (high standards).
  • No appeal.
  • Undertaking received.
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