AUTH/3825/9/23: BeiGene v Janssen — EHA 2023 symposium slide omission and overseas meeting certification (No breach after appeal)

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Key facts

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Case	AUTH/3825/9/23
Parties	BeiGene v Janssen
Issue	UK speaker presentation at Janssen Europe symposium at EHA 2023; alleged omission of ALPINE trial slide and alleged lack of certification/UK affiliate responsibility
Event	European Haematology Association (EHA) Congress 2023, Frankfurt, Germany
Date of symposium	8 June 2023
Complaint received	18 September 2023
Case completed	22 January 2025
Applicable Code	2021
Panel decision	No breach of Clauses 2, 3.4, 3.6, 5.1, 6.1, 10.1; breach of Clause 8.2 (later appealed)
Appeal	Janssen appealed Clause 8.2 ruling; appeal successful
Final outcome	No breach of Clauses 2, 3.4, 3.6, 5.1, 6.1, 8.2, 10.1
Sanctions	None

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

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BeiGene complained about a Janssen Europe (Janssen Pharmaceutica NV) industry symposium at EHA 2023 in Frankfurt (8 June 2023) titled “You have a new match! Pairing treatment and patients together for optimal treatment in CLL”.
A UK doctor spoke (20-minute presentation) on R/R CLL treatment options; BeiGene alleged the presentation excluded the ALPINE trial (zanubrutinib vs ibrutinib) and was therefore unbalanced/misleading.
Janssen said the ALPINE slide was in the submitted deck but was not shown live due to a technical issue when switching between polling and slides; the speaker later discussed ALPINE during the panel Q&A.
Janssen said the full slide deck (including the ALPINE slide) was made available on the EHA on-demand platform with commentary explaining the omission and where in the recording the ALPINE discussion occurred.
BeiGene also alleged the meeting/materials should have been certified by Janssen UK because Janssen UK supported a delegation of UK HCPs (including the speaker) to attend EHA and UK HCPs were in the audience.
The Panel found a sufficient UK nexus for the ABPI Code to apply (UK speaker; invitation/support pack sent on behalf of Janssen UK; nine additional UK HCPs supported; UK HCPs in audience; likely additional UK attendees).
The Panel initially ruled a breach of Clause 8.2 for failure to certify the speaker’s slides; Janssen UK appealed.

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Final case outcome (2021 Code): No breach of the Code.
No breach of Clause 6.1: the Panel considered the omission most likely a technical error and accepted mitigations (ALPINE discussed in panel; full deck and explanation available post-event), so attendees would not have been misled.
No breach of Clause 3.6: complainant did not establish disguised promotion.
No breach of Clause 10.1: insufficient evidence that Janssen failed to remind its affiliate about ABPI Code obligations for UK HCPs attending abroad.
Panel breach of Clause 8.2 was overturned on appeal: the Appeal Board determined Clause 8.2 does not extend to certification of speaker materials; it concerns certification of meeting arrangements involving travel outside the UK.

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