AstraZeneca: UK employees’ LinkedIn ‘likes’ treated as proactive dissemination of US Enhertu post (AUTH/3687/8/22)

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Key facts

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Case number	AUTH/3687/8/22
Company	AstraZeneca
Complainant	Contactable ex-employee
Medicine	Enhertu (trastuzumab deruxtecan)
Channel	LinkedIn post (US employee) + linked US corporate press release; UK employees ‘liked’ the post
Main issue	UK employees’ ‘likes’ treated as proactive dissemination of promotional content, leading to promotion of a POM to the public and for an unlicensed indication
Applicable Code year	2021
Complaint received	18 August 2022
Case completed	18 August 2023
Appeal	No appeal
Breach clauses	Clause 5.1; Clause 11.2; Clause 26.1
No breach clauses	Clause 2; Clause 3.1; Clause 3.3; Clause 3.6; Clause 5.1; Clause 11.1
Sanctions	Undertaking received; Additional sanctions: Not stated

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

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An ex-employee complained about UK employees’ engagement with a LinkedIn post authored by an AstraZeneca US employee about FDA approval in metastatic non-small cell lung cancer (NSCLC), linking to a US press release about Enhertu (trastuzumab deruxtecan).
Eight UK-based AstraZeneca employees (some UK marketing company, some global roles based in the UK) ‘liked’ the post.
The post did not name Enhertu, but linked to a press release that did, and included efficacy/safety data and quotes welcoming the approval as a new treatment option.
AstraZeneca argued the original post was outside UK Code jurisdiction (US employee, US audience, compliant with US rules), and said UK employees were not encouraged to engage.
After PMCPA notification, AstraZeneca asked the UK employees to withdraw their ‘likes’ within one business day; all but one did so immediately, with the remaining ‘like’ removed within 5 business days (employee on leave).
The Panel considered that ‘liking’ can increase visibility to an individual’s connections and can appear in activity feeds/profile activity, and therefore can amount to proactive dissemination.

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Breach found because the UK employees’ ‘likes’ brought the post within scope of the UK Code and disseminated promotional content to UK connections, likely including members of the public.
No breach found for pre-authorisation promotion clauses because Enhertu already had a UK marketing authorisation at the time (albeit for a different indication than the one promoted in the post/press release).
No breach found for disguised promotion because the content was clearly promotional and clearly authored by a US AstraZeneca employee.
No breach found for breach of undertaking (Clause 3.3) because it was not established AstraZeneca had failed to take all possible steps to avoid similar breaches, given training/reminders and prompt corrective action.
No breach of Clause 2 (particular censure) as the Panel considered the other breach findings adequately covered the issues in the circumstances.

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Breach of Clause 5.1 Failing to maintain high standards
Breach of Clause 11.2 Promoting a medicine for an unlicensed indication
Breach of Clause 26.1 Promoting a prescription only medicine to the public
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 a marketing authorisation
No Breach of Clause 3.3 Requirement to comply with an undertaking
No Breach of Clause 3.6 Requirement that materials and activities must not be disguised promotion
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 a marketing authorisation

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