AUTH/3574/11/21: Health Professional v GW Pharmaceuticals (No breach – alleged promotion to the public at conference stand)

📅 2021 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3574/11/21
ComplainantAnonymous, non-contactable health professional (hospital consultant)
CompanyGW Pharmaceuticals (response submitted by Jazz Pharmaceuticals)
AllegationPromotion of medicines/pipeline to the public at a conference stand; discussions within earshot of patients/carers
Event7th Global Symposium on Medical Ketogenic Dietary Therapies, Brighton (19–22 October 2021)
Stand content describedSingle pull-up banner “GW Cannabinoid Pipeline” showing four investigational molecules with disclaimer that none were licensed for listed indications
Applicable Code year2021
Clauses considered2, 5.1, 11.1, 26.1, 26.2
Panel decisionNo breach of the Code
Complaint received4 November 2021
Case completed29 July 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 (self-described hospital consultant) alleged GW Pharmaceuticals promoted medicines to the public at the 7th Global Symposium on Medical Ketogenic Dietary Therapies (Brighton, 19–22 Oct 2021).
  • The complainant said conference delegates included patients/carers (including children aged 10 and under) and that GW had a stand in full view of all attendees.
  • The complainant alleged GW representatives discussed the company’s medicines within earshot of non-medical delegates and displayed a banner showing the company’s pipeline, which patients were seen reading.
  • The Authority asked the company to consider Clauses 2, 5.1, 11.1, 26.1 and 26.2 (2021 Code).
  • Jazz Pharmaceuticals (GW now part of Jazz) responded that the stand was non-promotional, staffed by two medical employees (with an account manager attending congress sessions), and that staff were briefed not to proactively reference medicines.
  • Jazz said the only stand material was a certified banner titled “GW Cannabinoid Pipeline” showing four investigational molecules (GWP42003-P OS, GWP42003-P IV solution, GWP42006 and GW-1000-02) with a disclaimer: “None of the above products are licensed for use in the listed indications. Content herein is for background information only”.
  • Jazz stated the congress was typically split into an HCP day (which it sponsored/attended) and a patient day (which it said did not go ahead in 2021), and the sponsorship programme described attendees as “approximately 500+ healthcare professionals” with no mention of patients/public.
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Outcome

  • No breach of the Code was ruled.
  • No breach of Clause 11.1 (the allegation related to promotion to the public, not to health professionals).
  • No breach of Clause 5.1 (complainant did not establish, on the balance of probabilities, that pre-licence pipeline products were promoted to the public).
  • No breach of Clauses 26.1 and 26.2 (complainant did not establish that prescription only medicines were promoted to the public; and the banner molecules were unlicensed and therefore not prescription only medicines at the time).
  • No breach of Clause 2 overall.
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