Navigating Regulations and Guidelines
It is illegal to promote a POM to the general public, and so the careful use of social media platforms, by pharmaceutical companies and their employees is crucial. However, given the myriad of different ways we interact on social media, this can be tricky to navigate.
The Prescription Medicines Code of Practice Authority (PMCPA) and the Medicines and Healthcare products Regulatory Agency (MHRA) play a pivotal role in investigating complaints of breaches including determining whether content posted on social media (or a reaction to it) is appropriate in any given context and complies with the regulations.
To aid the industry in interpreting the applicable rules and ABPI Code, the PMCPA introduced its PMCPA Social Media Guidance 2023 earlier this year. This initiative seeks to reinforce overarching considerations as well as provide greater clarity on a number of difficult areas. It provides guidance on how companies can utilise social media appropriately without promoting to the public and how they can avoid certain pitfalls to ensure their social media activity is appropriate and legally compliant.
The Role of Links, Tagging, and Hashtags
Social media platforms are bursting with features such as links, tagging, and hashtags, which enable the creation of interconnected webs of information-very useful features, but it is essential to carefully plan and exercise caution when using these tools, ,to ensure that any material associated with a post, including material accessible via links and tags, does not inadvertently result in the promotion of a POM to the public. The naming, structure, and content of links for instance requires meticulous scrutiny to ensure content is appropriate.
Posting, Sharing, and Re-sharing Responsibilities
The act of posting, sharing, and re-sharing content requires not just an understanding of how these social media features work, but also a thorough understanding of how the ABPI code views this activity and what may or may not be appropriate. Engagement with a post, such as liking on LinkedIn, for instance, could alert connections to the content, thereby being considered a form of sharing and in some cases resulting in inappropriate promotional activity.
Before engaging with any post, companies and their employees must ensure compliance with the ABPI Code and the Guidance strongly advocates for companies to provide comprehensive training to their employees, ensuring they understand and can apply the rules effectively. Policies should be straightforward, devoid of nuances that might be challenging for some employees, and there should always be a nominated person available for queries.
In conclusion, the pharmaceutical industry faces a delicate balancing act in the use of social media. The stringent guidelines and laws necessitate a careful and considered approach, with companies bearing the onus of ensuring compliance with the ABPI Code. The introduction of the Social Media Guidance 2023 by the PMCPA serves as a helpful aid for companies to avoid the many pitfalls which come from using and interacting on social media, pitfalls which are very evident from the many recent ABPI Code breaches arising in this area. If you would like further advice on how to navigate social media and the ABPI Code, please do get in contact with us.
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