BioMarin: UK employee ‘liked’ overseas LinkedIn post, bringing promotional content into ABPI Code scope

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Key facts

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Case	AUTH/3743/2/23
Company	BioMarin
Issue	Promotion of therapies via social media (LinkedIn); UK employee “liked” overseas post
Platform	LinkedIn
Who posted	Senior leader/employee based in the United Arab Emirates (BioMarin MENA FZ-LLC)
UK nexus	Panel found original post out of scope, but UK employee engagement (“like”) brought it into scope
Products referenced (by implication)	Voxzogo (vosoritide) and Roctavian (valoctocogene roxaparvovec)
Key compliance finding	“Like” likely disseminated promotional POM content to UK connections, including members of the public
Applicable Code year	2021
Complaint received	23 February 2023
Case completed	2 May 2024
Breach clauses	Clause 5.1 (x2); Clause 26.1
Sanctions	Undertaking received; Additional sanctions: Not stated
Appeal	No appeal

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

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An anonymous (initially contactable) complainant alleged a senior BioMarin leader based in the United Arab Emirates posted on LinkedIn referencing “recent approvals by FDA” and “EMA approval” for BioMarin’s first therapy for achondroplasia and first gene therapy for severe adult haemophilia A (interpreted as Voxzogo and Roctavian).
The post did not name products, but referenced the indications and “first” positioning; it was “liked”/engaged with by BioMarin personnel, including one UK employee.
BioMarin argued the original post was out of scope (no UK nexus; posted outside the UK; no reference to UK availability/use) and was non-promotional.
BioMarin requested removal of the post as a precaution on receipt of the complaint; it was taken down the same day.
The Panel considered that while the original UAE post was out of scope, the UK employee’s “like” brought the content within scope because it likely disseminated the post to UK connections (including members of the public).
The Panel considered the content promotional (broad definition of promotion), including references to BioMarin’s “unique portfolio of breakthrough medication” and the indications/“first” claims.
The Panel noted Northern Ireland is part of the UK and that medicines with an EMA licence could be available there; at the time, both products had EMA licences, making them POMs in Northern Ireland, while they were unlicensed in Great Britain.

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