PMCPA Release Social Media to Adhere with ABPI Code

The PMCPA, working with the Medicines and Healthcare products Regulatory Agency (MHRA), have developed guidance on acceptable advertising practices when looking through the prism of social media marketing. Advertising pharma products on social media can lead to particular issues and conflicts with the Association of the British Pharmaceutical Industry (ABPI) Code. The PMCPA is the independent body that administers the ABPI Code. This guidance is based on the following key principles and overarching considerations around advertising on social media:

Transparency - the fact that a medicine is being promoted should be clear. If an individual or channel is paid to promote a product, but this is not apparent from the media description then this is not sufficiently transparent.

Responsibility - the pharma supplier has underlying responsibility. They will be responsible for a third party's actions, even if the third party acted beyond or counter to the pharma supplier's instructions.

Pharmacovigilance - as is normally the case, if a pharma supplier becomes aware of an adverse event associated with a product, they must report this. However, this duty extends to any personnel involved in the marketing, so sufficient policies, procedures and training are needed to ensure that personnel are fully aware of the obligations.

ABPI Code - the guidance reinforces that clauses 1-10 of the Code provide overarching requirements that should be kept in mind when considering the appropriateness of any activity and whether the activity should be considered "promotional".

In addition to the general principles, specific guidance is given on the following areas:

• The use of links.
• Mentioning other accounts.
• Hashtags and tagging.
• Responding to misinformation and / or correcting inaccuracies.
• Signposting vs posting / sharing / re-sharing.
• Corporate news and announcements.
• Professional profiles and job advertising.
• Disease awareness for the public.
• Patient support.
• Meetings advertisements.
• Product and pipeline milestones.
• Working with social media influencers.
• Promotion to healthcare professionals and other relevant decision makers.
• Clinical trial recruitment.

The guidance in these specific areas is useful when devising policies, best practices and possible promotion. It adds detailed consideration to help to determine what can be done in terms of promotion of medicines which do not yet hold the requisite Marketing Authorisation or are being marketed as Prescription Only Medicines.

However, the responsibility principle also means that contracts relating to medicines must be clear on the scope of use advertising and subcontracting, as otherwise it is the pharma supplier itself, which will be responsible for any breach of the ABPI Code.

A link to the full text of the PMCPA Social Media Guidance 2023 can be found on their website, along with recordings of webinars run on it.

New Approach to PMCPA

At the recent EMIG (Ethical Medicines Industry Group) meeting, Alex Fell, Director at the PMCPA spoke about a focus on social media, and this guidance reflects that. He also talked about the importance of collaborating positively with industry and having patient groups and pharma together to discuss the Code. This is a positive, refreshing and up-to-date approach to medicines regulation.

If you have any thoughts on this article, or would like advice on the ABPI Code, rules around marketing pharma products or contractual provision to guard against breaches, please contact Jonathan Bywater in our Pharmaceuticals and Life Sciences team on 020 7665 0965, or complete the form below.