AstraZeneca press releases on COVID-19 vaccine: unqualified “safe” claims and relative risk without absolute risk context

📅 2019 | 🖉 Dr Anzal Qurbain
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Key facts

CaseAUTH/3518/5/21
PartiesMember of the public v AstraZeneca
MaterialTwo press releases (30 December 2020; 18 March 2021)
Main issuesUnqualified use of “safe”; efficacy presented as RRR without sufficient absolute risk context
Applicable Code year2019
Breach clauses7.2, 7.9, 9.1
No breach clauses2, 26.2
SanctionsUndertaking received; additional sanctions not stated
Complaint received27 May 2021
Case completed7 July 2022
AppealAppeal by the complainant (Clause 2 and Clause 26.2 points unsuccessful)

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

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What happened

  • A member of the public complained about two AstraZeneca press releases hosted on AstraZeneca UK Limited’s website (dated 30 December 2020 and 18 March 2021).
  • The complainant alleged the vaccine was described as “safe” (unqualified) and that efficacy was presented using relative risk reduction (RRR) without absolute risk reduction (ARR).
  • AstraZeneca argued both releases were intended for a financial/investor audience (Regulatory News Release / Corporate Business Release) and therefore could rely on the Clause 26.2 supplementary information for financial information (meaning Clause 7 would not apply).
  • The Panel considered the releases did not identify their business importance or clearly limit the intended audience to investors, and could reach the general public via broader media outlets.
  • The Panel found the unqualified (and in one release repeated) use of “safe” made the releases not balanced and therefore Clause 7 applied.
  • For the 30 December 2020 release, the Panel found that presenting vaccine efficacy as 70.4% (RRR) without sufficient absolute risk context could mislead some readers (including members of the public) into assuming it was an absolute rate.
  • On appeal, the complainant challenged the “no breach” findings for Clauses 2 and 26.2; the Appeal Board ultimately upheld no breach for both.
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Outcome

  • Breach of Clause 7.9 in relation to each press release (unqualified use of the word “safe”).
  • Breach of Clause 7.2 (RRR presented without sufficient absolute risk context) in relation to the 30 December 2020 press release.
  • No breach of Clause 26.2 (on a narrow technical point about whether the vaccine was classified as a prescription only medicine at the relevant time; upheld on appeal).
  • Breach of Clause 9.1 (failure to maintain high standards).
  • No breach of Clause 2 (not considered to warrant particular censure; upheld on appeal).
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