Martindale Pharma, Pierre Fabre, Janssen and Pharmasure have been named in advertisements(1) following breaches of the ABPI Code of Practice for the Pharmaceutical Industry.

​All four companies have brought discredit upon, and reduced confidence in, the pharmaceutical industry. In addition, Pierre Fabre was publicly reprimanded in one case.

Press Release 18 July 2018

Martindale Pharma – Case AUTH/2961/6/17

For advertising Espranor oral lyophilisate (buprenorphine) (substitution therapy for opioid dependence) to the public and for making claims in material aimed at patients and health professionals which were, inter alia, prejudicial to patient safety, Martindale was ruled in breach of the following clauses of the Code:

Clause 2 - Bringing discredit upon, and reducing confidence in, the pharmaceutical industry
Clause 7.2 - Providing misleading information
Clause 7.3 - Making misleading comparisons
Clause 7.4 - Making unsubstantiated claims
Clause 7.9 - Making claims that did not reflect the available evidence regarding possible adverse reactions
Clause 9.1 - Failing to maintain high standards
Clause 26.1 - Advertising a prescription only medicine to the public
Clause 26.2 - Providing unbalanced information and encouraging members of the public to ask for a specific prescription only medicine

Pierre Fabre – Case AUTH/2962/7/17

For briefing representatives about Toviaz (fesoterodine) using an uncertified presentation and failing to provide complete information, Pierre Fabre was ruled in breach of the following clauses of the Code:

Clause 2 - Bringing discredit upon, and reducing confidence in, the pharmaceutical industry
Clause 9.1 - Failing to maintain high standards
Clause 14.1 - Failing to certify promotional material
Clause 15.9 - Producing representatives' briefing material that did not comply with the relevant requirements of the Code

The Code of Practice Appeal Board(2) publicly reprimanded Pierre Fabre for providing inaccurate information to the Panel.

Janssen – Case AUTH/2978/9/17

For promoting a medicine prior to the grant of its authorization Janssen was ruled in breach of the following clauses of the Code:

Clause 2 - Bringing discredit upon, and reducing confidence in, the pharmaceutical industry
Clause 3.1 - Promotion prior to the grant of the marketing authorization
Clause 9.1 - Failing to maintain high standards

Pharmasure – Case AUTH/3008/1/18

For providing a group of health professionals with a hamper of chocolates, Pharmasure was ruled in breach of the following clauses of the Code:

Clause 2 - Bringing discredit upon, and reducing confidence in, the pharmaceutical industry
Clause 9.1 - Failing to maintain high standards
Clause 18.1 - Providing a gift in connection with the promotion of medicines

Pierre Fabre – Case AUTH/3012/1/18

For failing to certify representatives' briefing materials and one presentation aimed at health professionals which promoted an unlicensed medicine, including briefing materials related to Toviaz (fesoterodine) that were misleading, not capable of substantiation, and which advocated a course of action likely to lead to a breach of the Code, Pierre Fabre was ruled in breach of the following clauses of the Code:

Clause 2 - Bringing discredit upon, and reducing confidence in, the pharmaceutical industry
Clause 3.1 - Promoting an unlicensed medicine
Clause 7.2 - Providing misleading information
Clause 7.4 - Making an unsubstantiated claim
Clause 9.1 - Failing to maintain high standards
Clause 14.1 - Failing to certify material
Clause 15.9 - Producing briefing material likely to lead to a breach of the Code

Notes to Editors:

(1) The advertisements will appear in the British Medical Journal on 21 July, the Nursing Standard on 28 July and the Pharmaceutical Journal on 1st August 2018.

(2) The Code of Practice Appeal Board consists of an independent, legally qualified, chairman and includes independent members, as well as senior executives from pharmaceutical companies. For the consideration of any matter independent members, including the Chair, must be in a majority. Further details are available in the PMCPA Constitution and Procedure.

The case reports were published in the PMCPA May 2018 Code of Practice Review and the public reprimand appeared on the front cover, available at www.pmcpa.org.uk.

For more information contact Elly Buttonebutton@pmcpa.org.uk 0207 7478884 or 07920863650

The Prescription Medicines Code of Practice Authority (PMCPA) was established by The Association of the British Pharmaceutical Industry (ABPI) to operate the ABPI Code of Practice for the Pharmaceutical Industry independently of the ABPI. The PMCPA is a division of the ABPI. The Code covers the promotion of medicines for prescribing to health professionals and the provision of information to the public about prescription only medicines. If you have any concerns about the activities of pharmaceutical companies in this regard, please contact the PMCPA at 7th Floor, 105 Victoria St, London, SW1E 6QT or email complaints@pmcpa.org.ukThe Code and other information, including details about ongoing cases, can be found on the PMCPA website www.pmcpa.org.uk.