AUTH/3474/2/21: Ever Pharma v Britannia — 0844 technical support line for APO-go (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/3474/2/21
Parties	Ever Pharma v Britannia Pharmaceuticals Ltd
Issue	Use of an 0844 business-rate telephone number for APO-go technical support line/services and patient information
Product	APO-go (apomorphine)
Applicable Code year	2019
Complaint received	19 February 2021
Case completed	19 August 2021
Appeal	No appeal
Clause(s) considered	Clause 2
Decision	No breach
Notable dates/actions (company)	Freephone number live and automated message implemented 17 November 2020; apo-go.com updated and certified 22 December 2020; patients/HCPs notified 23 December 2020; two hidden pages reinstated in error by website host 27 January 2021
Core reasoning	Helpline was in scope; despite concerns about reinstated webpages, callers were redirected to freephone and the circumstances did not bring discredit upon or reduce confidence in the industry

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

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What happened

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Ever Pharma complained that Britannia Pharmaceuticals Ltd used an 0844 business-rate telephone number for calls about services and patient information related to APO-go (apomorphine).
Ever Pharma alleged this meant patients and health professionals had to pay to call about APO-go services/patient information, which it said brought the industry into disrepute (Clause 2).
Ever Pharma said Britannia had committed in inter-company dialogue to remove/update the 0844 number by 29 January 2021 and make online changes before 31 December 2020, but Ever Pharma found the 0844 number still visible on a Britannia-sponsored website on 9 February 2021.
Ever Pharma also said the 0844 number appeared in multiple materials, including NHS shared care guidelines and patient organisation information documents.
Britannia said it had replaced the 0844 arrangement with a freephone number and implemented an automated voice message advising of the change on 17 November 2020.
Britannia said the apo-go.com site was updated and certified for use on 22 December 2020, and that two previously hidden pages were mistakenly reinstated as live pages by its website host on 27 January 2021.
Britannia said that from 17 November 2020, anyone calling the 0844 number would be redirected to the freephone number, and it wrote to patients and health professionals on 23 December 2020 notifying them of the change.
The Panel considered that the technical support line was within the scope of the Code (support to patients/HCPs in relation to use of Britannia’s product, alongside nurse and medical information services).

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Outcome

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No breach of the Code.
No breach of Clause 2 (discredit to the industry).
The Panel was concerned that high standards had not been maintained regarding reinstatement of webpages containing the business-rate number, but did not consider the circumstances brought discredit upon or reduced confidence in the industry.
The Panel considered the matter of the initial use of the business-rate number had been dealt with during inter-company dialogue and made no ruling on that initial use.

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AUTH/3474/2/21: Ever Pharma v Britannia — 0844 technical support line for APO-go (No breach)

Key facts

What happened

Outcome

Clauses

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