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July 2011 | In Healthcare Web | Comments 0
Bayer Reprimanded for Promotional Tweets
A case that will probably be found in all ‘Introduction to social media for pharma’ classes for the foreseeable future is ABPI (Association of the British Pharmaceutical Industry)Case Journalist V Bayer (AUTH/2402/4/11).
Bayer UK & Ireland are the first pharmaceutical company to be found in breach of the ABPI Code of Practice using Social Media.
The Bayer UK/Ireland twitter account was found to be in breach of code by promoting products through tweets:
“Sativex® launched in UK for the treatment of spasticity due to Multiple Sclerosis http://tiny.cc/kiz2y.” (21 June 2010)
“First & only melt-in-the-mouth erectile dysfunction treatment launched by Bayer today http://tinyurl.com/6hfxymf.” (22 March 2011)
Following an InPharm Blog article called ‘Bayer UK’s Twitter Slip-up’ which describes the two potential promotional tweets from Bayer UK&Ireland, a healthcare publication reporter filed a complaint against them with the ABPI.
The panel stated that the code allows for “Information could be supplied directly or indirectly to the public but such information had to be factual and presented in a balanced way” and that “statements must not be made for the purpose of encouraging members of the public to ask their doctors to prescribe a specific prescription only medicine”.
The panel found that each tweet was in fact promotional, and open to a group of 550 followers (any number of which could be members of the public due to the discretionary nature of followers details). It was also found that the tweets had not been certified, the entire press release was but the limited information from the tweet should have been certified separately- raising major concerns amongst the panel of the controls set within the company.
Bayer was found to be in breach of four clauses:
- Clause 2- Discredit to, and Reduction of Confidence in, the Industry
- Clause 22.1- Prescription only medicines must not be advertised to the public.
- Clause 22.2- Information about prescription only medicines which is made available to the public either directly or indirectly must be factual and resented in a balanced way
- Clause 9.1- High standards must be maintained at all times.
Although these tweets were sent before the publication of the PMPCA (Prescription Medicines Code of Practice Authority) guide to digital communications in April 2011 the promotional nature and lack of certification are in clear violation of the ABPI Code of pracetice. The guide specifically states in relation to twitter 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. In addition companies would also have to ensure that recipients had agreed to receive the information. 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”.
To read more about how pharma can use twitter click here
To find a copy of the case report click here
To find a copy of the PMPCA Digital Communications Guide click here
To find a copy of the ABPI Guidance notes on the management of adverse events and product complaints from pharmaceutical company sponsored websites, click here
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