Clause 9 - High Standards, Format, Suitability and Causing Offence, Sponsorship

Clause

9.1 High standards must be maintained at all times.

  • Clauses 9.1 and 9.2 Suitability and Taste

    The special nature of medicines and the professional audience to which the material is directed require that the standards set for the promotion of medicines are higher than those which might be acceptable for general commodity advertising.

    It follows therefore that certain types, styles and methods of promotion, even where they might be acceptable for the promotion of 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’ advertising whereby promotional 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
    • the provision of rubber stamps to doctors for use as aids to prescription writing
    • the provision of private prescription forms preprinted with the name of a medicine.
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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.
AUTH/2959/5/17 - Head of medicines management at a health board v Bayer Recruitment of patients for market research No breach: 2, 7.2, 9.1, 18.1 Applicable Code: 2016 Received: 25 May 2017 Completed: 31 July 2017

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

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.

9.4 Promotional material must not imitate the devices, copy, slogans or general layout adopted by other companies in a way that is likely to mislead or confuse.

9.5 Promotional material must not include any reference to the Medicines Commission, the Commission on Human Medicines, the Committee on Safety of Medicines, the Medicines and Healthcare Products Regulatory Agency, the Medicines Control Agency or the licensing authority, unless this is specifically required by the licensing authority.

  • Clause 9.5 MHRA Drug Safety Update

    Where factual safety information given in promotional material is based on advice in the MHRA Drug Safety Update, the information can be referenced to that publication.

9.6 Reproductions of official documents must not be used for promotional purposes unless permission has been given in writing by the appropriate body.

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.

9.8 Postcards, other exposed mailings, envelopes or wrappers must not carry matter which might be regarded as advertising to the public, contrary to Clause 23.1.

  • Clause 9.8 Reply Paid Cards

    Reply paid cards which are intended to be returned to companies through the post and which relate to a prescription only medicine should not bear both the name of the medicine and information as to its usage but may bear one or the other.

9.9 The telephone, text messages, email, telemessages, facsimile, automated calling systems and other electronic data communications must not be used for promotional purposes, except with the prior permission of the recipient.

  • Clause 9.9 Responding to emails

    An enquiry received by email can be responded to by email without specific permission, consent to do so being implied in such circumstances. There is no need to inform recipients as to how to unsubscribe to an email response to an enquiry.

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 must clearly indicate that it has been sponsored by that company. The only exception to this is market research material which need not reveal the name of the company involved but must state that it is sponsored by a pharmaceutical company.

  • Clause 9.10 Market Research

    Where market research is carried out by an agency on behalf of a pharmaceutical company, the agency must reveal the name of its client to the Prescription Medicines Code of Practice Authority when the Authority requests it to do so. When commissioning market research, a company must take steps to ensure that its identity would be so made known to the Authority should a request for that information be made.

Interactive 2014 Code