AUTH/3569/10/21: Pierre Fabre – alleged public promotion of Nerlynx via awards website (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/3569/10/21
Company	Pierre Fabre
Complainant	Member of the public/media (as described)
Product	Nerlynx (neratinib maleate)
Allegation	Promotion of a prescription-only medicine to the public via an open-access awards website video including brand name and indication
Material/channel	Compilation video on a Pharmaceutical Marketing Awards website (open access)
Applicable Code year	2021
Clauses considered	2, 5.1, 26.1
Panel decision	No breach of Clauses 26.1, 5.1, and consequently 2
Complaint received	12 October 2021
Case completed	5 July 2022
Appeal	No appeal
Sanctions	None stated

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

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A complainant (member of the public/media) alleged that Nerlynx (neratinib maleate) had been promoted to the public.
The allegation related to an advertising/marketing agency using materials including the brand name and indication in connection with sponsorship of an awards event.
A compilation video containing clips was hosted on an open-access Pharmaceutical Marketing Awards website; the complainant pointed to a specific scene (around 18 seconds).
Pierre Fabre UK said it first became aware of the compilation video when contacted by the PMCPA.
The agency confirmed the clips came from a Pierre Fabre Global video (NERL-IVID-WO-0003133, Feb 2020) approved for use outside the UK.
Pierre Fabre UK stated the video was not its UK-certified internal video (UK/NER/0079, certified 10 Jan 2020 for internal use only) because UK disclaimers/job code/date were absent.
Pierre Fabre said the agency posted the video without prior knowledge/approval of Pierre Fabre UK or Pierre Fabre Global, contrary to the Master Services Agreement (MSA) which required prior consent for any use.
Pierre Fabre contacted the agency and the Pharmaceutical Marketing Society and the video was removed on 18 October 2021.

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No breach of Clause 26.1 (promotion to the public) – the Panel considered that although anyone could access the awards website, it was not aimed at the general public in the particular circumstances.
No breach of Clause 5.1 (high standards) – the Panel found no evidence Pierre Fabre failed to maintain high standards; it had been let down by an agency working for its global affiliate.
No breach of Clause 2 (bringing discredit) – consequentially, no breach was ruled.
No appeal.

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