Lundbeck: complaint about alleged promotion of unlicensed Vyepti via SPS website (AUTH/3475/2/21) – No breach

📅 2021 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3475/2/21
CompanyLundbeck
ComplainantAnonymous, contactable health professional
ProductVyepti (eptinezumab)
Issue allegedAlleged promotion of a product without a UK marketing authorisation via updates to the UK SPS NHS website referencing US launch/approval status
Third-party channelSpecialist Pharmacy Service (SPS) “New Medicines” monograph
Panel findingNo evidence Lundbeck was involved in updating SPS content; complaint not established on balance of probabilities
Applicable Code year2019
Clauses considered2, 3.1, 9.1, 11.1
OutcomeNo breach
Complaint received15 February 2021
Case completed25 August 2021
AppealNo appeal

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

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What happened

  • An anonymous, contactable complainant (health professional) raised concerns about alleged promotion of Vyepti (eptinezumab), which did not have a UK marketing authorisation at the time.
  • The complainant alleged Lundbeck UK had updated the UK Specialist Pharmacy Service (SPS) NHS website entry to reference Vyepti’s US status (FDA-approved/“Launched”), arguing this showed intent to discuss the US market on a UK-based NHS site.
  • The material at issue was an SPS “New Medicines” monograph for eptinezumab, created June 2017 and last updated November 2020, listing UK/Europe status as “Pre-registration (Filed)” and US status as “Launched”, with key development dates and a brief trial summary.
  • Lundbeck denied any involvement, stating SPS was an independent, NHS England-commissioned and funded horizon scanning site and that Lundbeck did not provide input (proactively or reactively) into SPS content.
  • Lundbeck said internal checks (including confirmation from Lundbeck US) found no involvement in updating SPS.
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Outcome

  • No breach of the ABPI Code (Applicable Code year: 2019).
  • The Panel found the complainant had not established, on the balance of probabilities, that Lundbeck had any involvement with the SPS website content.
  • No appeal.
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