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Jennifer Carroll

Is the product dual schedule or only “ethical”? Is it for the treatment of a schedule A disease?

One would need to consider schedule A and dual scheduling to establish which DTC regs are applicable (and consequently the degree to which they differ from HCP regs). If we assume the product is not dual scheduled and its use is not on schedule A, it is likely that the same imagery and heading can be used. However, there are instances where that is not the case because the HCP looks at the ad from a different vantage point as the general public (I.e. the same message can convey different/additional meaning for the HCP). Also, the HCP piece may contain different content that impacts the context in which the image and heading is interpreted.

One way to make sure the same image can be used is to submit an opinion to PAAB for the DTC along with the HCP piece.

Jennifer Carroll

Happy Almost Friday @Manufacturer and @Agency

Your PAAB Q3 Forum Review is now live!

Some of the things that you might want to check out:

AI assisted submission process - Call for volunteers
ARO expansion
Client Messenger Service
Creative Imagery Document Posted
Coming soon: RWE formatting update, new service offerings, and more...

As always, thoughts and feedback are welcome below .
Thank you
PAAB

Jennifer Carroll

Good afternoon @Username

As previously noted in the question "Comparative therapeutic claims of schedule 2 products in DTC setting", the term “Schedule 2” is quite broad. Could you please clarify by specifying the federal drug schedule?

With respect to your question about whether there is a “clear regulation that would forbid DTC and HCP from having the same visual or headline,” this depends on how “clear” is interpreted. There is no direct statement in the Food and Drugs Act that explicitly addresses this scenario. However, the principles governing advertising regulations are outlined across several regulatory and guidance documents.

The nature of the claims and visuals would influence how such a case is assessed. Additionally, the idea that materials could be independently reviewed and approved by each “respective agency” may present challenges, as this would assume both agencies are aware of each other’s submissions, which is not always the case.

We would therefore recommend submitting the materials for an opinion to ensure clarity and alignment with the applicable standards.

Jennifer Carroll

Hey @charlton

Great question. You can provide a link to the HCP and to the patient. On the landing page, you can present the product name and the DIN login or HCP verification login. The site cannot link back to the parent company site or any site containing the PM. There should be no logo or promotional content on the pre-gate landing page. You also cannot use Search Engine Marketing (SEM).

Jennifer Carroll

Good Afternoon @Manufacturer and @Agency

Another quarter in the books. The PAAB Quarterly Tag and CEI Reports have been updated to contain data for Q3. See the Tag Report here and the CEI Report here.

Please share with colleagues and promote awareness that PAAB publishes these results quarterly. Remember that tags and the Customer Experience Index (CEI) are the most effective way to help PAAB track trends and improve experiences.

If there's more you'd like to know in Q4, let us know in the comments below. Hope you're enjoying the snow.

Thank you
PAAB

Jennifer Carroll

Hi @HollyMed

While this activity would be acceptable, the RMM/RMT requires PAAB review. MSLs are representatives of a company that has a vested interest in the health product. Having an MSL detail to an RMT renders the activity subject to advertising regulations. This amplification context differs from a reactive interaction, largely driven by the HCP, in which the MSL responds to an HCP’s one-on-one inquiries. As a reminder, Health Canada’s policy document “The Distinction Between Advertising and Other Activities” emphasizes that the determination of “advertising” versus “non-advertising/promotion” depends on the nature of the activity itself rather than on job titles assigned by the sponsor.

Regarding the second part, data presentations are not automatically compliant with advertising regulations simply because they pertain to risk. Compliance depends on multiple factors including (but not limited to) completeness, significance, context, and selectivity. Even data presented in a neutral tone can mislead if not balanced or contextualized appropriately. While the activity itself can be permissible, the slides require PAAB preclearance per the PAAB Code.

Jennifer Carroll

Hey @kshulist

Correct. You cannot speak to unmet need in a branded context.
Even if the drug is the first treatment for a certain condition, discussing “unmet need” suggests that the product addresses that need in an absolute manner. There are still ways to convey treatments where no options were previously available without stating “ need”. PAAB may be able to assist with the direction of messaging. Please reach out for additional assistance in a forum that allows for more specifics to be shared.

Jennifer Carroll

Hello @Maryssa

Great question as I can see where there might be some lack of clarity. The description of the “responsive ads” was intended to address the unique nature of these “small space ads”. Other parts of the Code and submissions guidance (including the Guidance document for Online Activities) continue to apply when there is targeting and/or keywords that cause the ad to surface. We have included the SEM and SEO in the same review efile as the Google responsive ads.

This previous PAAB Q&A also covers some general principles which may be useful.

Jennifer Carroll

Sorry @HollyMed this one slipped through the cracks.

Per the RMT guidance document, if the piece is intended to be detailed by a rep to an HCP, it requires going through the standard PAAB review process (i.e. the piece would be subject to all PAAB Code provisions relating to APS). Presentation of the safety data would be subject to the requirements of the PAAB Code. Give the above document a read and this Q&A and let us know if they answer is still unclear.

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