Allergan: Juvéderm UK website links alleged to promote Botox via US sites and social media (AUTH/3625/3/22) – No breach | PMCPA Case

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Key facts

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Case number	AUTH/3625/3/22
Company	Allergan
Complainant	Contactable complainant (prescribing pharmacist providing consultancy services to the pharmaceutical industry)
Product(s)	Juvéderm (Hyaluronic Acid Filler; medical device); Botox (botulinum toxin type A; prescription only medicine)
Channel	Websites and social media links (Instagram, Facebook, YouTube referenced)
Core allegation	Using a UK medical device website to promote a POM (Botox) via links to US/global sites and social media
Applicable Code	2021
Clauses considered	2, 8.1, 12.1, 12.3, 12.6, 12.9, 15, 16, 26.1, 26.2
Decision	No breach
Complaint received	20 March 2022
Case completed	12 April 2023
Appeal	No appeal

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

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A prescribing pharmacist complained that Allergan used its medical device website (Juvéderm UK) to indirectly promote its prescription only medicine (Botox) across digital and social media channels.
The complainant alleged users were “two clicks away” from Botox promotion by following links from juvederm.co.uk to Allergan’s global/US sites and then to Botox Cosmetic pages and US social media (Instagram/Facebook/YouTube).
The complainant said there was no clear warning that users were leaving a UK website and being taken to US-directed content.
Allergan argued the referenced Botox content was on US-owned websites, intended for US residents, and required multiple active clicks from the UK device site; it also argued Juvéderm (a medical device) content was outside the Code unless it referenced a POM.
The Panel considered it reasonably foreseeable that some users could click through, and noted the “leaving the UK site” point could have been clearer; it therefore treated the matter as within scope on the facts.
However, the Panel noted the initial link took users to a global/US corporate homepage (not a product page) and multiple further clicks were required before any Botox promotional information could be viewed.

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No breach of the ABPI Code of Practice (2021).
The Panel did not consider the circumstances showed Allergan UK used its medical device to promote Botox to the public or health professionals in the UK as alleged.
For Clauses 15 and 16, the Panel noted the complainant cited them generally without specific reasons/sub-clauses; the allegation was not made out.
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
No Breach of Clause 8.1 Requirement to certify promotional material
No Breach of Clause 12.1 Requirement to include up to date prescribing information
No Breach of Clause 12.3 Requirement to include the non-proprietary name in promotional material
No Breach of Clause 12.6 Requirement to include a prominent statement as to where the prescribing information can be found on promotional material on the internet
No Breach of Clause 12.9 Requirement to include a prominent adverse event statement on promotional materials
No Breach of Clause 15 Requirements for the high standard, format and suitability of promotional materials
No Breach of Clause 16 Requirements for the distribution of promotional materials
No Breach of Clause 26.1 Requirement not to advertise prescription only medicines to the public
No Breach of Clause 26.2 Requirement that information about prescription only medicines which is made available to the public must be factual, balanced, must not raise unfounded hopes of successful treatment or encourage the public to ask their health professional to prescribe a specific prescription only medicine.

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