Small Pharma website: pipeline content and unclear audience separation led to high standards breach (AUTH/3669/6/22)

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Key facts

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Case number	AUTH/3669/6/22
Company	Small Pharma
Complainant	Anonymous, contactable complainant (health professional)
Material	Information about pipeline products on the Small Pharma website
Channel	Corporate website (open access)
Applicable Code year	2021
Complaint received	29 June 2022
Case completed	24 July 2023
Appeal	No appeal
Breach clauses	Clause 5.1
No breach clauses considered	Clauses 2, 3.1, 5.1, 11.1, 16.1
Sanctions	Undertaking received; additional sanctions not stated

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

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An anonymous, contactable complainant (a health professional) challenged content on Small Pharma’s open-access website (smallpharma.com).
The complainant alleged there was no clear delineation of content for the public vs health professionals vs media.
The complaint focused on the “Research and Trials” page showing pipeline products, “Pipeline programmes” text, a “DMT therapist training” section, and a banner inviting users to “Stay up to date with our breakthrough R & D programs” with a register-interest link.
The complainant also referenced a “resources/therapy” page containing links mentioning pipeline products.
Small Pharma said the website was intended for an investor audience; it had no marketed medicines (one Phase IIa asset and preclinical pipeline) and did not intend the content to be promotional.
Small Pharma updated wording (changed “breakthrough” to “Stay up to date with our company progress”) and said it added clarity about intended audiences and accelerated ABPI Code training after joining the Code as a non-member in January 2022.
The Panel considered the sensitive subject matter (psychedelic medicines) likely to attract a broad audience, and noted the site appeared aimed beyond investors (eg, clinical trial recruitment and contact form options for media, recruitment, clinical trials).

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Breach: Clause 5.1 (Failing to maintain high standards) — the Panel considered the language about pipeline products was strong and unqualified and, given the sensitive topic and broad likely audience, the intended audience was not made clear.
No breach: Clause 16.1 — applied solely to prescription only medicines and did not apply to this website given Small Pharma had no marketed POMs.
No breach: Clauses 3.1 and 11.1 — the complainant did not establish that the “Stay up to date with our breakthrough R & D programs” link constituted pre-licence promotion of an unlicensed medicine.
No breach: Clause 2 — the Panel considered the Clause 5.1 breach adequately covered the matter; an additional Clause 2 ruling would be disproportionate.
No breach (specific elements): the complainant did not establish their case regarding the “DMT Therapist Training” section or the therapy/resources page content.
Appeal: No appeal.

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Breach of Clause 5.1 Failing to maintain high standards
No Breach of Clause 2 Requirement that activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry
No Breach of Clause 3.1 Requirement that a medicine must not be promoted prior to the grant of its marketing authorisation
No Breach of Clause 5.1 Requirement to maintain high standards
No Breach of Clause 11.1 Requirement that a medicine must not be promoted prior to the grant of its marketing authorisation
No Breach of Clause 16.1 Requirement that promotional material about prescription only medicines directed to a UK audience which is provided on the internet must comply with all relevant requirements of the Code

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