Understanding the Code of Practice

from Steven Gray Consulting

A breach of Undertaking

We all make mistakes. It’s part of human nature. Generally, we learn from them and move on. Such is usually the case when a company breaches the ABPI Code of Practice.

A promotional claim that was deemed acceptable by company signatories one day can be challenged by a competitor the next and subsequently ruled in breach of the Code. It happens.The key thing when it does is to make sure that all the material that carry the claim is destroyed.

Not taken out of circulation, or removed from use. Destroyed. When a company is found in breach of the Code, they give a formal Undertaking to the PMCPA (who administer the Code on behalf of the ABPI).A breach of that Undertaking is regarded extremely seriously and nearly always results in a breach of Clause 2 (for bringing the industry into disrepute).

This is one area where the PMCPA do not take prisoners. Mistakes in this area of the Code are unacceptable.

Sadly, there are numerous examples in the archives of breaches of Undertaking. One of the most recent came about when in-breach material was found on an exhibition stand.

The material had been sent out by head office and the representative did not realise that it contained claims that had been ruled in breach.

Needless to say, the competitor representative did realise – and complained. Not only did the company receive a Clause 2, but they were also required to undergo an audit of all their procedures by the PMCPA. And when that happens, you can expect the attention of your medical and compliance colleagues to focus internally for some time and for the flow of new promotional material to become a mere trickle…