Galapagos: ‘Strength of balance’ homepage claim for Jyseleca ruled ambiguous (breach Clause 6.1)

📅 2021 | 🖉 Dr Anzal Qurbain
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Key facts

CaseAUTH/3668/6/22
CompanyGalapagos
ProductJyseleca (filgotinib)
ChannelCompany website (strengthofbalance.co.uk), intended for health professionals in the UK and Republic of Ireland
Main issueHomepage banner claims: “Strength of Balance” and “From Galapagos, delivering breakthroughs in RA and Inflammation”
Applicable Code2021
Complaint received29 June 2022
Case completed3 July 2023
AppealNo appeal
Breach findingClause 6.1 (for “strength of balance” as presented on the homepage)
SanctionsUndertaking received; additional sanctions: Not stated

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

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What happened

  • A health professional complained about promotional claims on Galapagos UK’s HCP website for Jyseleca (filgotinib): strengthofbalance.co.uk.
  • The homepage banner stated: “Strength of Balance” and “From Galapagos, delivering breakthroughs in RA and Inflammation”.
  • The complainant alleged both phrases implied special merit and were unsubstantiated, noting other JAK inhibitors existed and “breakthrough” was not justified by references.
  • Galapagos argued “Strength of Balance” was explained elsewhere on the site (eg, “At a Glance”) as a balance of sustained efficacy and acceptable tolerability, with references and links to PI/SPC/RMM.
  • Galapagos argued “delivering breakthroughs…” was a corporate/mission statement about Galapagos, not a product claim.
  • The Panel assessed whether the homepage wording was clear and compliant when read in isolation.
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Outcome

  • Breach: Clause 6.1 (for “strength of balance” on the homepage) because it was ambiguous and insufficiently explained within the homepage’s visual field.
  • No breach: Clause 6.2 and Clause 14.4 (for “strength of balance”) because the Panel did not consider the complainant established that the ambiguous phrase implied an unsubstantiated special merit.
  • No breach: Clauses 6.1, 6.2 and 14.4 (for “delivering breakthroughs in RA and inflammation”) on a narrow basis: the Panel was concerned and saw it as a strong claim in context, but the complainant did not provide evidence sufficient to establish the allegation on the balance of probabilities.
  • No appeal.
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