AUTH/3771/6/23: Complainant v GSK — NICE COPD algorithm on Trelegy webpage alleged as disguised promotion (No breach)

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Key facts

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Case number	AUTH/3771/6/23
Company	GlaxoSmithKline UK Limited (GSK)
Complainant	Anonymous, contactable complainant (described as a health professional; later became non-contactable)
Product/page	Trelegy Ellipta promotional webpage (GSK Pro) including NICE NG115 COPD guideline summary and NICE COPD treatment algorithm
Main allegation	Disguised promotion/indirect reference to Anoro and Relvar via class references (LABA/LAMA and LABA/ICS) and missing prescribing information for those products
Applicable Code	2021 ABPI Code of Practice
Clauses considered	Clauses 2, 5.1, 12.1, 15.6
Panel decision	No breach of Clauses 2, 5.1, 12.1, 15.6
Appeal	No appeal
Complaint received	31 May 2023
Case completed	26 June 2024

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

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An anonymous, contactable complainant (described as a health professional; later became non-contactable) complained about a GSK Pro promotional webpage for Trelegy Ellipta.
The page included a NICE NG115 COPD treatment guidelines section and reproduced the NICE COPD treatment algorithm (visual summary) referring to medicine classes (eg, LABA/LAMA and LABA/ICS) but naming no specific medicines.
The complainant alleged the class references indirectly promoted GSK’s Anoro (LABA/LAMA) and Relvar (ICS/LABA) and that their prescribing information was missing, amounting to disguised promotion.
GSK stated the page was clearly promotional for Trelegy Ellipta, included Trelegy prescribing information via a prominent link, and did not directly or indirectly promote Anoro or Relvar.
The Panel reviewed the page context, including that Trelegy’s indication is for patients not adequately treated by ICS/LABA or LABA/LAMA, and that many companies market products in those classes.

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No breach of Clause 15.6 (promotional materials and activities must not be disguised).
No breach of Clause 12.1 (requirement to include up-to-date prescribing information).
No breach of Clause 5.1 (requirement to maintain high standards at all times).
No breach of Clause 2 (activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry).
No appeal.

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Clause 2 — Requirement that activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry
Clause 5.1 — Requirement to maintain high standards at all times
Clause 12.1 — Requirement to include up-to-date prescribing information
Clause 15.6 — Requirement that promotional materials and activities must not be disguised

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