Clause 14
;

14

Clauses 6 and 18 may also be relevant.

14.1

(7.3) A comparison is only permitted in promotional material if:

• it is not misleading

• medicines or services for the same needs or intended for the same purpose are compared

• one or more material, relevant, substantiable and representative features are compared

• no confusion is created between the medicine advertised and that of a competitor or between the advertiser’s trademarks, brand names, other distinguishing marks and those of a competitor

• the trademarks, brand names, other distinguishing marks, medicines, services, activities or circumstances of a competitor are not discredited or denigrated

• no unfair advantage is taken of the reputation of a trademark, brand name or other distinguishing marks of a competitor

• medicines or services are not presented as imitations or replicas of goods or services bearing a competitor’s trademark or brand name.

14.2

(7.6) When promotional material refers to published studies, clear references must be given.

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14.3

(7.7) When promotional material refers to data on file, the relevant part of that data must be provided as soon as possible, and certainly within ten working days, in response to a request from a health professional or other relevant decision maker.

14.4

(7.10) Promotion must encourage the rational use of a medicine by presenting it objectively and without exaggerating its properties. Exaggerated or all-embracing claims must not be made and superlatives must not be used except for those limited circumstances where they relate to a clear fact about a medicine. Claims should not imply that a medicine or an active ingredient has some special merit, quality or property unless this can be substantiated.

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AUTH/3709/11/22 - Health professional v AstraZeneca Breach: 5.1, 6.1, 6.2, 14.4 No breach: 11.2 Applicable Code: 2021 Received: 16 November 2022 Completed: 20 October 2023 AUTH/3635/4/22 - Complainant v Novartis Breach: 2, 5.1, 6.1, 6.2, 14.4 No breach: 2, 5.1, 6.1, 6.2, 6.5, 14.4 Applicable Code: 2021 Received: 18 April 2022 Completed: 31 May 2023 AUTH/3618/3/22 - Complainant v AstraZeneca Breach: 2, 5.1, 6.1, 6.2, 11.2, 14.4 No breach: 6.2, 17.9 Applicable Code: 2021 Received: 11 March 2022 Completed: 03 April 2023 AUTH/3624/3/22 - Complainant v Pacira BioScience Breach: 5.1, 6.1, 6.2, 11.2, 14.4 No breach: 6.1, 6.4, 11.2, 14.1, 14.4, 17.9 Applicable Code: 2021 Received: 16 March 2022 Completed: 23 March 2023 AUTH/3579/11/21 - Health professional v Novartis Breach: 5.1, 6.2, 6.1, 14.4, 26.1, 26.2 No breach: 2, 5.2, 5.5, 9.1, 9.3, 14.1, 14.2, 18.1 Applicable Code: 2021 Received: 08 November 2021 Completed: 09 November 2022 AUTH/3668/6/22 - Complainant v Galapagos Breach: 6.1 No breach: 6.1, 6.2, 14.4 Applicable Code: 2021 Received: 29 June 2022 Completed: 03 July 2023 AUTH/3670/6/22 - Health Professional v Novartis Breach: 5.1, 12.9 No breach: 2, 5.1, 6.1, 6.2, 11.2, 14.4 Applicable Code: 2021 Received: 30 June 2022 Completed: 03 July 2023 AUTH/3601/1/22 - Complainant v Boehringer No breach: 14.4 Applicable Code: 2021 Received: 20 January 2022 Completed: 20 February 2023 AUTH/3591/12/21 - A complaint on behalf of UsForThem v Pfizer Breach: 6.1, 6.2, 26.2 No breach: 2, 3.1, 3.3, 5.1, 6.1, 6.2, 11.3, 14.4, 26.1, 26.2, 26.4 Applicable Code: 2021 Received: 11 December 2021 Completed: 06 December 2022 AUTH/3552/8/21 - Health professional v Roche Breach: 5.2, 8.1, 12.6, 12.9 No breach: 2, 5.1, 5.2, 6.1, 6.2, 14.4 Applicable Code: 2021 Received: 05 August 2021 Completed: 27 May 2022 AUTH/3563/9/21 and Case AUTH/3564/9/21 - Complainant v Bristol-Myers Squibb and Pfizer Breach: 12.9 No breach: 5.1, 6.1, 14.4 Applicable Code: 2021 Received: 29 September 2021 Completed: 26 April 2022

14.5

(6.2) None of the individual screens or pages etc of a multi screen/page advertisement must be false or misleading when read in isolation.

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