Compliance Issues in Social Media and Digital Marketing · 2013. 9. 10. · and Best Practices...
Transcript of Compliance Issues in Social Media and Digital Marketing · 2013. 9. 10. · and Best Practices...
Asia‐Pacific Pharmaceutical Compliance Congress
and Best Practices Forum, Kuala Lumpur, Malaysia
Compliance Issues in Social Media
and Digital Marketing
Jeffrey Hessekiel
September 11, 2013
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Guidance is Clear Regarding Company Websites
Thanks to EFPIA, OPDP and others, relatively clear rules in this areaTransparency – identify origin, content, and purpose– direct appropriate audiences to appropriate contentSubstantiation – follow standard promotional rules re accuracy, fair balance, etc., and rules regarding general public health information, disease awareness– Include appropriate product information Linkages – be cautious with links to other websites as company may be held responsible for third‐party contentInteraction – E‐mail interactions are ok, following standard rules re drug safety monitoring and prohibitions of solicitation of off‐label information
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How is Social Media Different from other modes of
communication? How should that difference be managed?
UK – PMCPA “Informal” Guidance (May 2011)
“Pharmaceutical
companies
want,
and
indeed
should
be
able
to
use
digital
media.
However,
unlike
other
industries
which
can
promote
their
products
to
all,
pharmaceutical
companies
are
prohibited
from
promoting
prescription
only
medicines
to
the
public.
Therefore,
pharmaceutical
companies
need
to
identify
ways
of
utilizing
digital
communications whilst complying with this restriction. Companies can
use
any
method
of
communicating
to
any
audience
provided
relevant
requirements of the Code are followed.”
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But We Still Await Rules Governing Social Media
UK –
PMCPA Social Media Rules
ABPI Code applies
– “irrespective of mode of communication”
Good housekeeping – restrict access, seek permission, enable unsubscribing
Twitter® – ensure tweets restricted to HCPs; messages otherwise comply with Code; and recipients affirmatively agree to receive information
– “highly unlikely use of this medium to promote … would meet requirements
of the Code.”
Wikipedia® corrections – difficult matter of company policy. Proceed with caution
Blogs – not likely (at least according to PMCPA)
– “Given that, by their very nature, blogs are for contributors to freely and
spontaneously express their personal views on a subject, pharmaceutical
companies should not sponsor such sites on the Internet if they were
intended, or could reasonably be expected, to discuss medicines and their
uses as it would be impossible to guarantee their compliance with the Code.”
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Australia ‐
Medicines Australia Code of Conduct v. 17No promotion to General Public, so take pains to limit access – password protection?
“In providing information to members of the general public via the Internet, companies must ensure that the intent of this action is informational and not promotional.”
Social media content must conform to other Code sections
– Companies are responsible for all content on company‐initiated or controlled
SM sites
– ACCC v Allergy Pathway Pty Ltd (No. 2) –
if a company knows about erroneous
posts on a site, and has power to remove the posts, it has control and
therefore it has potential responsibility
– Companies should “moderate social media content and remov[e]
inappropriate materials within 24 hrs.”
All companies should have social media policies
Advises heightened attention to drug safety reporting requirements
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US – Dec. 2011 FDA Draft Guidance: Responding to Unsolicited Information Requests
US FDA has not spoken definitely, despite pressure for guidance
This document originally envisaged as social media guidance …
Reiterates existing policy, with some content aimed at digital realm
– Don’t solicit off‐label requests “in any way”• Providing e‐mail address or URL via which someone may obtain off‐label
information
• Encouraging others or agents to post videos on YouTube or blog about
off‐label uses
– Companies may only respond to public requests on social media for off‐label
information by providing company contact information; then, provide specific,
responsive m edical
information in private
– No resolution concerning safe harbor for correcting misinformation on third
party sites ‐
Section 230, Communications Decency Act (2006)
Congressional deadline for definitive guidance = July 2014
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Examples of Enforcement
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UK (PMCPA) Enforcement
GP v Abbott: Promotion of drug (Hidrasec) via Facebook marketing:
– HCP‐directed Images and video from marketing campaign posted on
photographer and agency website
– Abbott sought to excuse violation, but a Code breach was ruled because
“pharmaceutical companies had to ensure that […] prescription‐only
medicines were not advertised to the public”
Journalist v Bayer: Drug promotion (Levitra and Sativex) to public through tweets:
– Bayer issued two public tweets concerning new prescription‐only product
launches; each contained product claims, and one identified the product
– Content of tweets was same as content of certified news releases
from the
same day
– PMCPA ruled Code breaches for promoting to public, inadequate controls in
the company, citing need to restrict access to HCPs
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US (OPDP) Enforcement
Untitled letters to 14 companies for sponsored links (2009) on search engines banners omitting fair balance – “one click” through approach doesn’t work
Untitled letter to Warner Chilcott re Atelvia (2011) YouTube video post omitting risk information and indication
– Sales representative posted home made video promoting osteoporosis
treatment
Warning Letter to Amarc Enterprises (2012) re Facebook promotion of a dietary supplement as a drug:
– Company may not promote by “liking”
user posts that endorse products
– Company may not link to blogs that contain claims
– Company must take responsibility for links to third‐party websites
Warning Letter to Vitality Distributing (2012) re Facebook promotion of caffeinated water as a drug:
• Company posts that linked to article that contained unsubstantiated
promotional claims for caffeinated products
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Concerns over Drug Safety Reporting
Drug safety often cited as significant concern related to social media interactions by biopharmaceutical companies
These interactions do create the potential for significant complications
However, research suggests minimal actionable AE reporting in social media
– Less than .5% of social media interactions contain an adverse event
report that is actionable; still, the system gets bogged down by
efforts
to demonstrate “good effort”
to research anonymous AE reports
Companies must continue to be vigilant, but may dispatch their drug safety reporting obligations with reasonable, defensible approaches to social media monitoring
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Lessons to be LearnedSocial media represents a valuable opportunity for companies to strengthen legitimate relationships with HCPs, patients, and caregivers
However, global regulatory authorities have yet to rise to the challenge of addressing the inherently different nature of social media interactions; in the meantime, they rest on existing regulatory frameworks
There is only one way to take advantage of the social media opportunity responsibly – compliance activities must increase in proportion to increased volume of interactions
– Maintain IT safeguards for review of social media content before it goes
online
– Create social media policies and train employees about risks and
opportunities
– Be vigilant about content review – company content and linked content
– Accept that social media creates temptations for mischief, such as paying
third parties to blog –
police accordingly
Follow the advice that Roche recently provided in a 2012 open letter to employees: “Approach the online world in the same way you do the physical one –b i d j d d ”
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