Consilient app preview on Google Play ruled public advertising of POM (InVita D3)

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Key facts

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Case	AUTH/3403/10/20
Company	Consilient Health Ltd
Complainant	Member of the public
Product	InVita D3 (colecalciferol)
Channel	Google Play Store app listing and downloadable app (“Vitamin D Vitality”)
Main issue	Promotional information for a POM visible to the public before download (including reference to use in vitamin D deficiency and part of prescribing information)
App store category noted	“Health and Fitness” (Google Play Store)
Complaint received	21 October 2020
Case completed	12 April 2021
Applicable Code year	2019
No breach	Clause 4.1
Breach	Clauses 2, 9.1, 14.5, 26.1
Sanctions	Undertaking received; Advertisement
Appeal	No appeal

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

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A member of the public found Consilient’s “Vitamin D Vitality” app on the Google Play Store when searching for “vitamin D”.
The complainant alleged the app promoted InVita D3 (colecalciferol) and that branded content and prescribing information were visible in preview images (screenshots) even without downloading the app.
The app was described as intended to help HCPs who had already decided to prescribe InVita D3 select the appropriate product and dose (via an algorithm based on patient factors such as age, prophylaxis vs treatment, dosing frequency).
The app appeared in the Google Play Store under the category “Health and Fitness” (not “Medical”), which the Panel considered could imply suitability for the public; Consilient was held responsible for third parties acting on its behalf (including categorisation by developers).
The Panel considered that, although the Code did not specifically refer to apps, the internet promotion principles applied to Google Play Store listings and downloadable apps.
Consilient’s job bag for the app (UK/INV/1116/0038) was first certified on 12 September 2017 and re-certified on 17 September 2019; the Panel found there was a delay beyond the two-year recertification requirement.

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Breach found: a prescription only medicine (InVita D3) was advertised to the public because promotional information was visible before download on Google Play Store.
No breach found: Clause 4.1 (prescribing information) — the Panel accepted the prescribing information was current and the 2019 SPC update did not affect it.
Breach found: Clause 14.5 — delay in re-certifying the app beyond the required interval.
Breach found: Clause 9.1 — failure to maintain high standards.
Breach found: Clause 2 — conduct brought discredit upon and reduced confidence in the industry (lack of care/awareness on matters reflecting UK law).
No appeal.

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