Novartis: MailOnline MS disease-awareness article—share-button templates not certified (AUTH/3662/6/22)

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Key facts

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Case number	AUTH/3662/6/22
Company	Novartis Pharmaceuticals UK Ltd
Complaint received	18 June 2022
Case completed	19 July 2023
Applicable Code year	2021
Material	Sponsored MS disease-awareness article on MailOnline and associated share-button templates
Key issue	Whether social media/email templates generated by share buttons were certified
Panel findings	No breach for certifying the article “on the basis it would be shared”; breach for not certifying the templates generated by share buttons
Breach clauses	Clause 5.1; Clause 8.3
No breach clauses	Clause 2; Clause 5.1 (narrow allegation); Clause 8.3 (narrow allegation)
Sanctions	Undertaking received
Appeal	No appeal

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

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An anonymous complainant challenged Novartis’ certification of a sponsored multiple sclerosis (MS) disease-awareness article published on MailOnline, including the share buttons and the content generated when sharing.
The complainant alleged the certified version differed from the published version and argued each share format (eg Twitter, Facebook, email) should have been certified separately; the article showed “39 shares”.
Novartis said the article content certified in its system (FUSE) matched the published article; the pre-publication review occurred in an “incorrect location” on MailOnline (different colour scheme) as part of MailOnline’s process.
Share buttons were present and visible at certification; Novartis argued these were dynamic and that “each possible combination does not need to be certified” (Supplementary Information to Clause 8.1 on dynamic content).
The Panel distinguished between (a) the article with share buttons visible and (b) the separate templates generated when a user clicks a share button (eg pre-populated Facebook post/email draft).

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No breach of Clause 8.3 (Requirement to certify educational material for the public) in relation to the narrow allegation that the article was not certified “on the basis that it would be shared”; the share buttons were an integral part of the certified material.
No breach of Clause 5.1 (Requirement to maintain high standards) consequential to the above narrow allegation.
Breach of Clause 8.3 (Failing to certify educational material for the public) because the social media/email templates generated by clicking share buttons were not shown to have been captured by the approval system and certified.
Breach of Clause 5.1 (Failing to maintain high standards) because templates disseminating educational information to the general public should have been captured and certified.
No breach of Clause 2 (Requirement that activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry); the Panel did not consider the circumstances warranted Clause 2 censure.

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No Breach of Clause 8.3 Requirement to certify educational material for the public
No Breach of Clause 5.1 Requirement to maintain high standards
Breach of Clause 5.1 Failing to maintain high standards
Breach of Clause 8.3 Failing to certify educational material for the public
No Breach of Clause 2 Requirement that activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry

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