Amgen disease awareness newspaper ad ruled misleading due to “flu jab alongside your osteoporosis medicine” wording (AUTH/3439/12/20)

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Key facts

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Case	AUTH/3439/12/20
Company	Amgen Ltd
Complainant	Contactable complainant (described self as a health professional)
Material	National newspaper/magazine advertisement (ref GB-PRO-0920-00028)
Key wording at issue	“...call your GP, get your flu jab alongside your osteoporosis medicine”
Channel	Five newspapers and magazines
Run dates	6–27 October 2020
Complaint received	7 December 2020
Case completed	7 July 2021
Applicable Code year	2019
Breach findings	Clause 9.1
No breach findings	Clauses 26.1, 26.2, 2 (and no breach of Clause 9.1 regarding implication flu vaccine was an Amgen medicine)
Sanction	Undertaking received
Appeal	No appeal

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

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A health professional complained about a national newspaper advertisement placed by Amgen Ltd (ref GB-PRO-0920-00028).
The ad showed an older woman and stated: “Are you up to date with your osteoporosis treatment? Winter is coming. Maintain your independence, call your GP, get your flu jab alongside your osteoporosis medicine”.
“Supported by Amgen” appeared prominently at the bottom with the company name in logo-type.
The complainant alleged (i) promotion of an Amgen osteoporosis treatment to the public and (ii) that the ad incorrectly suggested patients could access a flu vaccination with an Amgen treatment; they cited a patient query about switching treatment to receive a flu jab.
Amgen said it was a time-bound disease awareness campaign during Covid-19 to encourage patients to stay up to date with osteoporosis reviews and to use the flu vaccination visit as an opportunity to discuss osteoporosis with their GP.
The ad ran in five newspapers/magazines between 6 and 27 October 2020.

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No breach of Clause 26.1: the ad did not refer directly or indirectly to a specific Amgen medicine and was not POM advertising to the public.
No breach of Clause 26.2: it might prompt discussion about osteoporosis treatment or flu vaccination generally, but not about prescribing a specific medicine.
Breach of Clause 9.1: the wording could be read as implying patients seeing their GP about osteoporosis medicine would also be able to receive a flu vaccination at the same time, which was not necessarily so; therefore misleading and not high standards.
No breach of Clause 9.1 in relation to the specific allegation that the ad implied the flu vaccine was an Amgen medicine.
No breach of Clause 2: Panel did not consider the circumstances warranted Clause 2 censure.
No appeal.

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