Aimmune: UK employee ‘liked’ US LinkedIn post, bringing Palforzia promotion into UK Code scope

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Key facts

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Case	AUTH/3623/3/22
Parties	Complainant v Aimmune
Issue	Promotion of Palforzia Peanut [defatted powder of Arachis hypogea L., semen (peanuts)] on LinkedIn
Channel	LinkedIn (Aimmune Therapeutics US account; engagement by UK-based employee)
Trigger	UK employee ‘liked’ a US post referencing Peanut (Arachis hypogea) Allergen Powder-dnfp (PTAH) and peanut allergy/OIT
Panel view on scope	The UK employee’s ‘like’ likely proactively disseminated the post to their connections, bringing it into scope of the UK Code
Complainant	Contactable complainant (former employee), anonymous
Complaint received	15 March 2022
Case completed	24 March 2023
Applicable Code year	2021
Appeal	No appeal
Sanctions	Undertaking received; Additional sanctions: Not stated

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

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A former employee complained about a post on the Aimmune Therapeutics US LinkedIn account about presenting abstracts at WSAAI, referring to an OIT treatment for peanut allergy and naming “Peanut (Arachis hypogea) Allergen Powder-dnfp (PTAH)”.
A current UK-based Aimmune employee (with 500+ LinkedIn connections) ‘liked’ the post.
The complainant alleged that LinkedIn ‘likes’ can push content into the feeds of the liker’s connections, meaning the post was proactively disseminated to the UK employee’s network (including members of the public).
Aimmune UK argued the US account was intended for US residents only, the post was non-promotional and not directed to the UK, and UK staff were instructed not to engage with product-related posts.
The Panel considered that the UK employee’s ‘like’ brought the material into scope of the UK Code because it likely disseminated the post to their connections.

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Breach rulings were made because the UK employee’s engagement was considered to have promoted a UK-available prescription only medicine to the public and to HCPs/other relevant decision makers without obligatory information, and created uncertified promotional material.
No breach of Clause 2 was ruled (the Panel did not consider the circumstances warranted the particular censure of Clause 2).
Appeal hearing: No appeal.

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No Breach of Clause 2 Requirement that activities or material must not bring discredit upon, or reduce confidence in, the pharmaceutical industry
Breach of Clause 3.2 Advertising a prescription only medicine to the public
Breach of Clause 3.4 Failing to comply with all applicable codes, laws and regulations to which the company was subject
Breach of Clause 5.1 Failing to maintain high standards
Breach of Clause 5.6 Failing to provide or make available material only to those groups of people whose need for, or interest in, it could reasonably be assumed and tailoring it to the audience to whom it was directed
Breach of Clause 8.1 Failing to certify promotional material
Breach of Clause 12.1 Failing to include up-to-date prescribing information
Breach of Clause 12.4 Failing to include up-to-date prescribing information in digital material
Breach of Clause 12.6 Failing to include a clear, prominent statement as to where prescribing information could be found
Breach of Clause 12.8 Failing to include the date on which the promotional material was created or revised
Breach of Clause 12.9 Failing to include information about how to report adverse events
Breach of Clause 12.10 Failing to include the black triangle when required
Breach of Clause 16.1 Promotional material directed to a UK audience failing to comply with all relevant requirements of the Code
Breach of Clause 26.1 Advertising a prescription only medicine to the public

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