Bayer’s use of social media breaches ABPI Code

Bayer Healthcare’s use of twitter to announce the launch of two prescription-only medicines Levitra (vardenafil) and Sativex (delta-9-tetrahydrocannabinol and cannabidiol) has breached Clause 2 of the ABPI Code of Practice in the UK.

This Code prohibits the advertising of prescription-only medicines to the public. Information can be supplied directly or indirectly to the public but has to be presented in a balanced way. It must not raise unfounded hopes of successful treatment or be misleading with respect to the safety of the product. Statements must not be made that encourage members of the public to ask their doctor to prescribe a specific prescription only medicine.

Social media can be used to provide information to the public as long as the material complies with the Code.

In its guidance on digital communications and in relation to twitter, the UK’s Prescription Medicines Code of Practice Authority (PMCPA) said that if a company wanted to promote a medicine via twitter it would have to ensure that if the medicine was prescription only, the audience was restricted to health professionals and that the message, in addition to any link to further information, complied with the Code.

‘Given these restrictions and the character limit on twitter, it is highly unlikely that the use of this medium to promote prescription only medicines would meet the requirements of the Code,’ the guidance said.

The Levitra tweet did not cite the product’s name but referred to its qualities, indication and launch. The Sativex tweet mentioned the brand name, indication and launch.

The PMCPA concluded that each tweet was a public announcement about the launch of a prescription only medicine, which promoted that medicine to the public and would encourage the public to ask their doctors to prescribe it.

The PMCPA was also concerned that the material placed on twitter had not been certified. The fact that the original press releases were certified was insufficient in this regard. If part of a certified document was reproduced in a different format or directed to a different audience the new material should be certified separately.

The PMCPA ruled that Bayer Healthcare was 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 22.1 - Advertising a prescription only medicine to the public;
• Clause 22.2 - Encouraging members of the public to ask their health professional to prescribe a specific prescription only medicine.

Bayer accepted that the tweets constituted advertising to the public and were an encouragement to request a specific medicine and therefore were in breach of these clauses.

The firm said it was keen to continue to work with the PMCPA to ensure that its use of new media remained within the boundaries of the Code.