AbbVie: senior medical employee mentioned Botox on national TV quiz show (AUTH/3786/6/23)

📅 2023 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/3786/6/23
PartiesComplainant v AbbVie
AllegationAlleged promotion of Botox on a national television show; alleged breach of undertaking
Media/channelNational television quiz show; related Daily Star article
MedicineBOTOX® (prescription only medicine in the UK)
Applicable Code year2021
Complaint received29 June 2023
Case completed22 August 2024
AppealNo appeal
Breach clausesClause 5.1; Clause 5.2; Clause 26.1
No breach clausesClause 2 (x2); Clause 3.3; Clause 5.1; Clause 8.1; Clause 12.1; Clause 12.3; Clause 12.9
Sanctions (PMCPA listing)Undertaking received; Additional sanctions: Not stated

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

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What happened

  • An anonymous, contactable complainant raised concerns about a 2022 episode of a popular national television quiz show featuring an AbbVie senior global medical affairs employee based in the UK.
  • On the show (and repeated in a Daily Star article), the employee described their role and said they worked across the aesthetics franchise, mentioning “injectable products like Botox and facial fillers”.
  • The complainant alleged this was reckless promotion of a prescription-only medicine (POM) to the public (audience stated as 3–5 million), did not reflect the special nature of medicines, and may have breached prior undertakings.
  • The complainant also referenced a moment where another contestant joked about placing “a large order for Botox”, and alleged the employee smiled/nodded.
  • AbbVie stated the appearance was not initiated, approved or directed by the company; it learned of the appearance on 4 May 2022 (after broadcast on 29 April 2022) via an internal report and opened an HR/compliance investigation.
  • AbbVie said the employee did not seek approval as they viewed it as private/personal activity; AbbVie nevertheless took disciplinary action and retraining, and later wrote to ITV and the Daily Star requesting removal of references to Botox.
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Outcome

  • Breach of Clause 5.1 Failing to maintain high standards.
  • Breach of Clause 5.2 Failing to recognise the special nature of medicines.
  • Breach of Clause 26.1 Promoting a prescription only medicine to the public.
  • No Breach of Clause 2 (x2) Requirement that activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry.
  • No Breach of Clause 3.3 Requirement to comply with an undertaking.
  • No Breach of Clause 5.1 Requirement to maintain high standards.
  • No Breach of Clause 8.1 Requirement to certify promotional material.
  • No Breach of Clause 12.1 Requirement to include prescribing information.
  • No Breach of Clause 12.3 Requirement to include the non-proprietary name.
  • No Breach of Clause 12.9 Requirement to include the prominent adverse event reporting statement.
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