Pulse mistake costs Astellas

pharmafile | March 15, 2013 | News story | Medical Communications, Sales and Marketing ABPI, Astellas, PMCPA, pulse 

A mistake by medical journal Pulse has landed Astellas Pharma in hot water with the PMCPA, enforcers of the ABPI Code of Practice.

According to clause 6.3 of the Code, no single issue of a magazine may carry more than two pages of advertising for a particular product.

But ads for Astellas’ overactive bladder drug Vesicare (solifenacin) appeared over three pages in the 5 December issue of Pulse. The interesting thing in this case is that it was not Astellas’ fault, yet the company must still carry the can.

The manufacturer flagged up the breach to the PMCPA that month, explaining that the journal included a one-page Vesicare ad plus a double-sided bound insert for the brand. 

Such voluntary admissions are treated as complaints by the PMCPA.

The problem arose because Astellas had changed its mind about what it wanted: the manufacturer had initially booked a single-page ad for the issue of Pulse in question but changed it to a two-page bound insert instead.

In its submission to the panel, Astellas said a preliminary investigation suggested that it was not the fault of Astellas or its agency, which had cancelled the additional advertisement in early November. 

The new instructions were clearly explained in emails and Pulse confirmed them – however, the journal went on to publish both the ad and the insert in error.

The PMCPA panel investigating the breach noted that Pulse had admitted full responsibility for the mistake.

As breaches go, this seems a pretty minor offence, particularly given that it was not actually something Astellas had actively done.

But even though the company was undoubtedly let down by the publisher, it is an established principle under the Code that pharma companies are responsible for work undertaken by third parties on their behalf. 

This means a breach of clause 6.3 was ruled: Astellas did not appeal and the decision will be published in the May 2013 Review.

Adam Hill

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