Bristol-Myers Squibb: UK employees’ LinkedIn ‘likes’ brought US Opdivo post into scope (AUTH/3372/8/20)

📊

Key facts

⌄

Case	AUTH/3372/8/20
Company	Bristol-Myers Squibb Pharmaceuticals Ltd
Product	Opdivo (nivolumab)
Channel	LinkedIn (personal account post; UK employees ‘liked’)
Main issue	Public promotion of a POM and promotion for an unlicensed indication via employee engagement (‘likes’)
Complainant	Concerned UK health professional
Complaint received	12 August 2020
Case completed	29 January 2021
Applicable Code year	2019
Breach clauses	3.2, 9.1, 26.1, 26.2
Sanctions	Undertaking received; Additional sanctions: Not stated
Appeal	No appeal

Download the full case report (PDF)

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

🤖

Got a question about this case?

Ask one of our 13 specialist ABPI advisors — instant answers, 24/7.

Ask AskAnzal AI

🎬 Expert Video Walkthrough

🎬

Video walkthrough — coming for members

Subscribe now and get expert video analysis for every case as we publish them.

Subscribe — from £299/yr

📋

What happened

⌄

A concerned UK health professional complained about a LinkedIn post by a US-based Bristol-Myers Squibb executive director that was ‘liked’ by a named UK employee (and later found to have been ‘liked’ by seven additional UK employees).
The post stated: “Not 1 but 2 positive Ph 3 studies evaluating Opdivo have read out today in Upper-GI Cancers, with potential to establish a new standard of care in Gastric and Esophageal Cancers…” and included hashtags “#BMS employee #Opdivo #nivolumab”.
The post referred to a Phase 3 trial (Checkmate-557) evaluating Opdivo (nivolumab) as adjuvant therapy in resected oesophageal or gastroesophageal junction cancer; the trial met its primary endpoint (disease-free survival).
At the time, Opdivo was indicated for several cancers, but not for oesophageal cancer / upper GI cancers in the UK.
BMS argued the US post was not created by the UK company, was not intended for a UK audience, and was posted from a personal account; however, the UK employee’s ‘like’ was from a public profile and visible to all LinkedIn users.
BMS investigated, asked all eight UK employees to remove their ‘likes’, reassigned mandatory retraining, contacted the US poster, and the post was removed on 19 August 2020.
The Panel considered LinkedIn a professional platform but emphasised that the Code can apply to corporate posts and work-related personal posts; whether the Code applies is case-by-case and content is crucial.
The Panel found that UK employees’ ‘liking’ of the post further disseminated it and brought it within the scope of the Code.

⚖️

Outcome

⌄

Breach of Clause 26.1: the post (as disseminated via UK employees’ ‘likes’) promoted a prescription-only medicine (Opdivo) to the public.
Breach of Clause 26.2: the post was considered likely to raise hopes of successful treatment and encourage the public to ask a health professional to prescribe Opdivo.
Breach of Clause 3.2: the post promoted Opdivo for an unlicensed indication (upper GI/oesophageal cancers) at the time.
Breach of Clause 9.1: high standards were not maintained; despite training and procedures, employees did not follow the UK/Ireland work instruction.
No appeal.

🔒

Unlock the full case analysis

Members get the complete breakdown — Clauses, Sanction, Signatory Lens, Audit checklist, and 3 Key Questions.

Best value

£249/year

Annual — save £99

£29/mo

Monthly

Join Now — Instant Access

Key facts

What happened

Outcome

Clauses

Unlock the full case analysis

AQP Flagship Path — the complete UK ABPI signatory programme

📰 Weekly PMCPA Case Breakdown