Anonymous v Novartis: ‘Powerful. Proven. Targeted.’ Lucentis strapline ruled ambiguous (breach) in journal ads and HCP webpage

📅 2019 | 🖉 Dr Anzal Qurbain
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Key facts

CaseAUTH/3531/7/21
ComplainantAnonymous, non-contactable (described as an optometrist)
CompanyNovartis Pharmaceutical UK Limited
ProductLucentis (ranibizumab)
MaterialsTwo UK ophthalmic journal advertisements and a Novartis HCP webpage
Key claims challenged“Powerful. Proven. Targeted.”; “Lucentis allows you to treat your DMO patients at the maximum possible interval”
MLR referencesMLR ID 116486; MLR ID 114580
Applicable Code year2019
Breach clausesClauses 7.2, 7.4, 9.1
No breach clausesClause 2; Clauses 7.2, 7.4 (for “Proven” and “Targeted”)
SanctionsUndertaking received; Additional sanctions: Not stated
Complaint received1 July 2021
Case completed23 February 2022
AppealNo appeal

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

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What happened

  • An anonymous, non-contactable complainant (described as an optometrist) challenged Novartis promotional materials for Lucentis (ranibizumab) seen in UK ophthalmic journals and on a Novartis HCP webpage.
  • The materials included the strapline “Powerful. Proven. Targeted.” beneath the Lucentis logo, referenced to the SPC.
  • The complainant alleged the strapline lacked context/supporting data and that “Powerful”, “Proven” and “Targeted” were meaningless or misleading without clarification.
  • The complainant also queried the claim “Lucentis allows you to treat your DMO patients at the maximum possible interval” (what interval—month/year?).
  • Novartis accepted that “Powerful” was ambiguous and agreed to remove it from marketing materials; it defended “Proven”, “Targeted” and the dosing-interval statement.
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Outcome

  • Breach of Clause 7.2 and Clause 7.4 for the use of the word “Powerful” (in each of the two advertisements and the webpage).
  • No breach of Clauses 7.2 and 7.4 for “Proven”.
  • No breach of Clauses 7.2 and 7.4 for “Targeted” (complainant did not establish misleadingness on the balance of probabilities in the circumstances).
  • No breach of Clause 7.2 for the dosing-interval claim, because the advertisement explained the interval and included a dosing diagram/algorithm and caveat about individual disease activity.
  • Breach of Clause 9.1 (failure to maintain high standards), linked to the above breach findings.
  • No breach of Clause 2.
  • No appeal.
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