AUTH/3899/5/24: Complainant v GSK — COPD therapy review Joint Working classification and certification (No breach)

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Key facts

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Case number	AUTH/3899/5/24
Company	GSK (GlaxoSmithKline UK Limited)
Complainant	Anonymous, contactable health professional (subsequently non-contactable)
Complaint received	09 May 2024
Case completed	12 June 2025
Applicable Code	2021
Subject	Classification of a COPD therapy review service as Joint Working; certification of software-related materials, patient leaflets, and consultation summaries
Project timing (as described)	Joint Working arrangement ran June 2023 to end of November 2023
Panel decision	No breach
Clauses considered	2; 5.1; 8.3 (x11); 20.4
Appeal	No appeal
Sanctions	None

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

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An anonymous, contactable health professional complained that a COPD “therapy review service” had been misclassified as a Joint Working project (arguing not all parties made a significant contribution and it should have been a donation).
The complainant alleged GSK had “simply utilised” a third-party provider to do most of the work (patient identification, reviews, recommendations, mentorship), leaving GP practices with only a small role.
The complainant also alleged that “all parts” of the guided consultation software used in reviews, plus any outputs (patient educational materials, action plans, printed consultation summaries) and any software updates during the project, had not been certified.
The project at issue was the “COPD LEGACY Project across [named locality]” delivered June–November 2023 under the 2021 Code, involving GSK, an NHS Integrated Care Board (ICB), and a service provider supplying specialist nurses.
GSK said the Joint Working documentation set out significant contributions from both GSK (funding and indirect colleague time) and the NHS (ICB and primary care staff time), with outcomes measured and no GSK influence over treatment decisions.
GSK said it certified Joint Working materials (including briefing/training documents, the Project Initiation Document, and other project documentation), certified screenshots of the independently developed COPD guided consultation software, and certified patient leaflets accessible via the software.

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No breach of Clause 20.4 (Joint Working compatibility with Clause 20 and other relevant requirements).
No breach of Clause 8.3 (x11) (Requirement to certify non-promotional material).
No breach of Clause 5.1 (Requirement to maintain high standards at all times).
No breach of Clause 2 (Requirement that activities or materials must not bring discredit upon, or reduce confidence in, the pharmaceutical industry).
The Panel did not consider there was a valid complaint regarding speculative software updates (no evidence updates occurred during the project).

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