RELEVANT RECENT CASES DEMONSTRATING THE CRUCIAL NEED FOR INTERNAL SOCIAL MEDIA POLICIES AND TRAINING TO MITIGATE UNAUTHORIZED PHARMACEUTICAL PROMOTION
I. INTRODUCTION
On January 3, 2025, the Prescription Medicines Code of Practice Authority of the United Kingdom (PMCPA) delivered a decisive ruling against Novartis in a matter involving a complaint that a Novartis employee based in the UK "liked" two LinkedIn posts that referenced the company’s medication, Cosentyx (secukinumab), and its application in treating hidradenitis suppurativa.
This ruling placed Novartis alongside AstraZeneca and GSK, both of which have previously faced similar criticisms regarding the mismanagement of promotional activities.
In this Newsletter we aim to summarize these cases and elucidate key takeaways that are imperative for compliance.
II. THE NOVARTIS CASE
The core issue leading to the PMCPA's scrutiny was the act of a UK-based Novartis employee who engaged with specific LinkedIn posts originating from the United States by “liking” them. In the United States promotion of prescription medications to the general lay public is not prohibited. These posts detailed information regarding Cosentyx and its use for treating hidradenitis suppurativa. The complainants contended that such engagement of the Novartis employee represented an illegal promotion of a prescription drug to the public, contravening UK regulations that prohibit direct and indirect advertising of prescription-only medicines outside professional contexts.
Upon deliberation, the PMCPA concurred with this viewpoint. They stated that by "liking" the contested posts, the employee effectively disseminated promotional content to their LinkedIn connections, many of whom may not qualify as healthcare professionals. Thus, the PMCPA determined that this constituted an unauthorized promotion of Cosentyx in the UK.
In its decision, the PMCPA noted Novartis' corrective actions, the fact that the employee in question was not in a senior role and had acted contrary to established social media policies. The company acted swiftly, directing the removal of any similar "likes" and reinforcing internal policies to avert future occurrences. Consequently, the PMCPA determined that Novartis did not breach its responsibility to maintain high ethical standards.
III. THE ASTRAZENECA AND GSK CASES
Prior to the Novartis ruling, the PMCPA addressed cases involving AstraZeneca and GSK arising from employee conduct on LinkedIn.
For AstraZeneca, the PMCPA's ruling was notably more stringent, revealing multiple breaches of promotional regulations. This case involved allegations against a senior global UK-based employee who "liked" specific LinkedIn posts that promoted a prescription-only medication outside the constraints of its marketing authorization. The panel concluded that the seniority of the employee and their actions, which contradicted the company’s global social media policy, tarnished the reputation of the pharmaceutical industry.
In the GSK case, a LinkedIn post regarding Jemperli (dostarlimab) and its license expansion in the U.S. became the focal point of a complaint alleging that various UK-based employees effectively promoted the medicine to the UK public. The PMCPA ruled a breach based on their engagement, which likely included non-professionals in their LinkedIn networks, thus violating applicable regulations on advertising prescription-only medicines.
IV. RELEVANT HUNGARIAN REGULATIONS
Pursuant to the Drug Economy Act, the advertisement of prescription-only medicines is strictly prohibited outside of regulated environments. The Drug Economy Act specifically emphasizes that lawful promotion can target healthcare professionals exclusively.
The Code of Ethics for Pharmaceutical Communication mandates that companies ensure employees involved in pharmaceutical communications are fully cognizant of and adhere to legal standards. Companies are obligated to implement social media protocols to prevent the inappropriate dissemination of promotional content among non-professionals and prepare social media policies for their employees to ensure that they do not share content with inappropriate audiences such as content intended for healthcare professionals only during individual employee interactions, such as forwarding, retweeting, and commenting on posts.
V. CONCLUSION
The aforementioned cases exemplify the challenges posed by the digital age concerning corporate and employee social media and online interactions, highlighting the imperative for up-to-date regulations and internal policies. The seemingly innocuous act of "liking" posts can inadvertently be construed as promotional activity and result in serious compliance issues.
Although there have yet to be instances in Hungary where an authority ruled an employee’s “liking” of a post as a breach of promotional regulations, the close parallels between these UK cases and Hungarian law underscore the necessity for pharmaceutical industry participants to diligently reflect on these precedents. KNP LAW encourages and is engaged in the provision of regular reviews and updates of internal policies supported by robust training programs to mitigate the risk of employee-related online issues.
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Should you have any inquiries or require further assistance, please do not hesitate to contact our expert team at KNP LAW.
