Promotion of unlicensed medicines by Diagenics Limited
Published 27 August 2021
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1. SUMMARY REPORT FOR PUBLICATION
1.1 April 2021 Promotion of unlicensed medicines by Diagenics Limited
ALK complained about the distribution of a price list for unlicensed medicines to healthcare professionals. The complainant alleged that it constituted promotion of unlicensed medicines because it contained product claims. Licensed manufacturers and suppliers of unlicensed medicines (‘specials’) must not advertise specific unlicensed products but this does not preclude them from sending out price lists to healthcare professionals to whom the price of specials may be relevant, such as potential customers and budget managers. Price lists can be sent out at reasonable intervals or in response to an enquiry and must not include product claims.
MHRA upheld the complaint. Diagenics Limited reviewed the price list and removed any statements that could be regarded as promotional. Diagenics pledged to ensure that no such statements would be added into future price lists about their unlicensed products.