Clause 5 High Standards and Suitability

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Clause 5

Index

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5.1

(9.1) High standards must be maintained at all times.

Supplementary information
Cases

Clauses 5.1 and 5.2 (9.1 and 9.2) High Standards and Suitability
The special nature of medicines and the audience to which the information is directed require that the standards set for information about medicines are higher than those which might be acceptable for general commodity communications and advertising.

It follows, therefore, that certain types, styles and methods of communication, even where they might be acceptable for products other than medicines, are unacceptable. These include:

• the display of naked or partially naked people for the purpose of attracting attention to the material or the use of sexual imagery for that purpose

• ‘teaser’ communication/advertising whereby material is intended to ‘tease’ the recipient by eliciting an interest in something which will be following or will be available at a later date without providing any actual information about it.

Care should be taken with language, use of abbreviations etc and the use of emojis and the like.

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Applicable Code year

Please check the date of the Code that applies to the Case that you are looking at. The date of the complaint may vary from the activity/material alleged to have been in breach.

5.2

(9.2) All material and activities must recognise the special nature of medicines and respect the professional standing or otherwise of the audience to which they are directed and must not be likely to cause offence.

Supplementary information
Cases

Clauses 5.1 and 5.2 (9.1 and 9.2) High Standards and Suitability
The special nature of medicines and the audience to which the information is directed require that the standards set for information about medicines are higher than those which might be acceptable for general commodity communications and advertising.

It follows, therefore, that certain types, styles and methods of communication, even where they might be acceptable for products other than medicines, are unacceptable. These include:

• the display of naked or partially naked people for the purpose of attracting attention to the material or the use of sexual imagery for that purpose

• ‘teaser’ communication/advertising whereby material is intended to ‘tease’ the recipient by eliciting an interest in something which will be following or will be available at a later date without providing any actual information about it.

Care should be taken with language, use of abbreviations etc and the use of emojis and the like.

most recent cases See all Applicable Code year

Applicable Code year

Please check the date of the Code that applies to the Case that you are looking at. The date of the complaint may vary from the activity/material alleged to have been in breach.

AUTH/3786/6/23 - Complainant v AbbVie Breach: 5.1, 5.2, 26.1 No breach: 2, 3.3, 5.1, 8.1, 12.1, 12.3, 12.9 Applicable Code: 2021 Received: 29 June 2023 Completed: 22 August 2024 AUTH/3775/6/23 - Complainant v AstraZeneca Breach: 5.1, 5.2, 26.1 No breach: 2, 9.1 Applicable Code: 2021 Received: 07 June 2023 Completed: 14 August 2024 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/3643/5/22 - Complainant v Novartis Breach: 5.1, 6.1, 6.2, 11.2, 12.1 No breach: 2, 5.1, 5.2, 6.3 Applicable Code: 2021 Received: 08 May 2022 Completed: 24 May 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/3606/1/22 - Health professional v Accord No breach: 2, 5.1, 5.2 Applicable Code: 2021 Received: 24 January 2022 Completed: 06 October 2022

5.3

(9.3) The name or photograph of a member of a health profession must not be used in any way that is contrary to the conventions of that profession.

5.4

(9.7) Extremes of format, size or cost of material must be avoided. Informational or educational materials must be inexpensive, directly relevant to the practice of medicine or pharmacy and directly beneficial to the care of patients.

5.5

(9.10) Material relating to medicines and their uses, whether promotional or not, and information relating to human health or diseases which is sponsored by a pharmaceutical company or in which a pharmaceutical company has any other involvement, must clearly indicate the role of that pharmaceutical company.

The only exception to this is market research material if it is such that the name of the company involved is not required to be stated; then the material must state that it is sponsored by a pharmaceutical company.

Supplementary information
Cases

Clause 5.5 (9.10) Declaration of Involvement
The wording of the declaration of involvement must be unambiguous so that readers are immediately able to understand the extent of the company’s involvement and influence. This is particularly important when companies are involved in the production of material which is circulated by an otherwise wholly independent party, such as supplements to health professional journals.

The declaration of sponsorship must be sufficiently prominent to ensure that readers of sponsored material are aware of it at the outset.

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Please check the date of the Code that applies to the Case that you are looking at. The date of the complaint may vary from the activity/material alleged to have been in breach.

5.6

(11.1) Material should only be provided or made available to those groups of people whose need for or interest in it can reasonably be assumed. Material should be tailored to the audience to whom it is directed.

Cases

most recent cases See all Applicable Code year

Applicable Code year

Please check the date of the Code that applies to the Case that you are looking at. The date of the complaint may vary from the activity/material alleged to have been in breach.

AUTH/3623/3/22 - Complainant v Aimmune Breach: 3.2, 3.4, 5.1, 5.6, 8.1, 12.1, 12.4, 12.6, 12.8, 12.9, 12.10, 16.1, 26.1 No breach: 2 Applicable Code: 2021 Received: 15 March 2022 Completed: 24 March 2023 AUTH/3865/12/23 - Ex-employee v Novo Nordisk No breach: 2, 3.1, 5.1, 5.6, 24.2 Applicable Code: 2021 Received: 16 December 2023 Completed: 23 August 2024 AUTH/3765/4/23 - Complainant v Takeda Breach: 12.9 No breach: 5.1, 5.6, 6.1, 11.1, 12.1, 12.9, 12.10, 15.6, 26.4 Applicable Code: 2021 Received: 25 April 2023 Completed: 27 June 2024 AUTH/3759/4/23 - Complainant v Boehringer Ingelheim No breach: 3.1, 5.1, 5.6, 6.1 Applicable Code: 2021 Received: 04 April 2023 Completed: 28 May 2024 AUTH/3720/12/22 - Complainant v GSK No breach: 5.1, 5.6, 6.1, 15.5 Applicable Code: 2021 Received: 27 December 2022 Completed: 05 January 2024

5.7

(28.6) It should be made clear when a user is leaving any of the company’s websites or websites sponsored by the company or is being directed to a website which is not that of the company.

Supplementary information
Cases

Clause 5.7 (28.6) Sites Linked via Company Sites
Sites linked via company sites are not necessarily covered by the Code.

most recent cases See all Applicable Code year

Applicable Code year

Please check the date of the Code that applies to the Case that you are looking at. The date of the complaint may vary from the activity/material alleged to have been in breach.

AUTH/3572/10/21 - Complainant v AstraZeneca No breach: 2, 3.6, 5.1, 5.7, 26.1, 26.2 Applicable Code: 2021 Received: 23 October 2021 Completed: 25 August 2022