Code of practice launched for advertising OTCs

A new `Code of Practice of Advertising OTC Medicines' has been launched by the Proprietary Association of Great Britain.The self- regulatory code covers advertising aimed at pharmacists and their staff. It formally brings OTC medicine advertising largely in line with the rules enforced on ethical companies promoting prescription products to doctors.For OTC manufacturers it will bring to an end over two years of uncertainty over what is acceptable in terms of the advertising of OTC medicines to `persons qualified to prescribe or supply'.That uncertainty began when senior ministers in the then new Labour Government called into question the promotional practices of some companies to community pharmacists. The `mountain bike' promotion from Norton as part of its Advantage scheme was a high profile example.Although the MCA has consistently claimed that its interpretation of the rules has not changed, how it has been doing so has never been spelt out. This week, however, it has published its own guidance to the Medicines (Advertising) Regulations 1994 No 1932 and subsequent amendments (see left).Under the new PAGB professional Code, `persons qualified to supply' include pharmacists (and pre-reg graduates), assistants and "GSL retailers having direct contact with the public". The Code requires that all advertising must be in line with the product's licence, and that it should not mislead or contain exaggerated claims, either direct or implied.No gifts, pecuniary advantage or benefits in kind which might encourage a pharmacist to supply a particular product are permitted, unless it is inexpensive or relevant to pharmacy practice. Inexpensive means around #5.Corporate activities are mainly outside the scope of the Code provided they do not constitute an inducement to supply medicines. For example, the provision of educational services or goods that will enhance customer care or benefit the pharmacy is permitted, but such items should not be linked to brands and must bear a corporate name.Where training or educational materials are significantly brand biased, or may be considered to be advertising, they should comply fully with Code requirements.The Code applies to competitions, and no more than two or three prizes of #100 may be provided per competition. Guidelines to the Code suggest what might constitute acceptable prizes.Corporate awards are acceptable provided they enhance customer care or benefit pharmacy services. A company may sponsor awards of greater value than #100 provided no link is made with a medicine.Companies can support professional meetings provided any hospitality offered is at a reasonable level and subordinate to the main purpose of the meeting. Pharmacy staff can be invited to such meetings if it is appropriate.Sampling to pharmacists is allowed "for the purposes of acquiring experience of dealing with a product".There are areas the new Code does not cover. These include:* advertising of OTC products which is intended to encourage doctors to prescribe the product (this is covered by the ABPI Code)* listings in trade catalogues (eg C&D Price List, and the C&D Guide to OTC Medicines)* monthly promotional magazines produced by wholesalers* advertisements with no medicinal claims (which can include a straightforward pack shot for product identification purposes)* provision of a pack shot for editorial purposes (even where a payment is made) where the company has no control over the final text* corporate activities where there is no mention of a licensed medicine* trade practices relating to "prices margins and discounts" which were in existence before January 1, 1993. These terms are viewed as primarily financial, and so should not allow pharmacists to obtain personal benefits: thus gift vouchers offered alongside a promotional parcel are unacceptable even if they presented as an alternative to a financial discount.The Royal Pharmaceutical Society has additionally stated that pharmacists accepting gifts and inducements to supply, such as gift vouchers, discount holidays, sports equipment etc, would be in breach of its Code of Ethics.Bonus schemes based on turnover and accumulated points which can be exchanged for credit or free goods, or discounts on further orders are considered to be a variation on pre-existing trade practices and are not covered by the Code.Other trade practices not covered by the Code include bonus stock deals (eg 14 for the price of 12); display deals where `space is bought in-store' for things like countertop units, window display and gondola ends; and retailer consumer leaflets which include medicines; and listing fees.The revised `Code of Practice of Advertising Over-the-Counter Medicines to Persons Qualified to Prescribe or Supply' is available from the Proprietary Association of Great Britain, Vernon House, Sicilian Avenue, London WC1A 2QH (tel: [phone])Three sets of guidelines have been produced to aid interpretation of the Professional Code and the existing PAGB Consumer Advertising Code:* Promotions and public relations* Advertising related to specific therapeutic categories* Operation of the Professional Code.The main changes to the Professional Code since it was last published are:* the requirement for companies to provide the PAGB with a `designated signatory' - someone responsible for ensuring advertising complies with the Code* a description of the complaints procedure* new clauses on representations and representatives* new clauses on comparisons* a new section on sampling and discretionary supplies of medicines to pharmacists.