Ferring breached ABPI Code over Cortiment banner strapline implying broader ulcerative colitis use than licensed

📅 2019 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3378/9/20
CompanyFerring Pharmaceuticals Ltd
ProductCortiment (budesonide)
Channel/materialOnline rotating banner advertisement in Guidelines in Practice (ref UK-COR-2000004) with click-through prescribing information/references page
Main issueStrapline “For flaring mild to moderate UC patients” implied broader use than licensed (omitted “where 5-ASA treatment was not sufficient”)
Complaint received10 September 2020
Case completed3 March 2021
Applicable Code year2019
Breach clauses3.2, 7.2, 9.1
No breach clauses2
SanctionsUndertaking received; Additional sanctions: Not stated
AppealNo appeal

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

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What happened

  • A UK health professional complained about an online rotating banner advertisement for Cortiment (budesonide) placed in Guidelines in Practice.
  • Cortiment’s licensed indication: adults for induction of remission in mild to moderate active ulcerative colitis (UC) where 5-ASA treatment was not sufficient.
  • The banner (five rotating screens) and the linked prescribing information/references page used the strapline: “For flaring mild to moderate UC patients”.
  • The banner screens did not include the full licensed indication; one screen stated: “Cortiment the only oral budesonide licensed for active mild to moderate UC…”.
  • Ferring argued that “flare” equated to active/relapse UC and that clinicians would understand budesonide sits after 5-ASA failure in the pathway.
  • The Panel noted there was no confirmed definition of a UC “flare” and that 5-ASAs (eg mesalazine) are also indicated for mild to moderate acute exacerbations, so “flaring” does not inherently mean 5-ASA insufficient.
  • Ferring also disclosed that the final colour art-worked version of the references/prescribing information piece had not been formally certified prior to release (the Panel could not rule on this as it was not alleged, but expressed concern).
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Outcome

  • Breach found for implying Cortiment was suitable for all mild to moderate flaring UC patients, which was broader than the SPC (limited to patients where 5-ASA was not sufficient).
  • Breach found for misleading presentation of the licensed indication when the strapline was read alongside other claims on the banner.
  • Breach found for failure to maintain high standards.
  • No breach of Clause 2 (Panel did not consider the matter brought the industry into disrepute).
  • No appeal.
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