716 - Hello, I'm looking for where to find guidance regarding regulations for executing a 'help seeking' DTC campaign for vaccines at the same time as a branded DTC vaccine campaign. Given the DTC nature, pre-clearance would likely be through ASC. I've reviewed the guidance from Health Canada at length and am well aware of the criteria for help seeking. My understanding is that the help seeking and branded campaigns must be different (ie: in colour, tag lines etc) and not linked in any way, but I'm unable to find specific direction. I'd like to be more clear on how the campaigns must be different, assuming they are not linked in anyway (visually or otherwise), and if/how they may be executed concurrently. ie: can a vaccine help seeking TV ad be on during the same time a vaccines DTC branded banner ad or social media campaign is running (again, assuming not linked in any way). Thank you in advance for your assistance.
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Your assessment is correct in that help-seeking messages, which are reviewed as DTC information, cannot be linked to DTC branded advertising as this would render all content subject to advertising regulations. The key here is understanding how linkages are created. To assess this we consider a number of factors, including:
appearance (e.g. using branding colours or images) proximity (e.g. side by side presentation) sequence (e.g. a rep presenting unbranded disease information followed by branded product information) context (e.g. positioning a branded consumer banner ad on an unbranded disease information website) If any of these factors would create a link between the two campaigns, such as concurrent airing/viewing of the messages, it would violate the regulations. -
Your assessment is correct in that help-seeking messages, which are reviewed as DTC information, cannot be linked to DTC branded advertising as this would render all content subject to advertising regulations. The key here is understanding how linkages are created. To assess this we consider a number of factors, including:
appearance (e.g. using branding colours or images) proximity (e.g. side by side presentation) sequence (e.g. a rep presenting unbranded disease information followed by branded product information) context (e.g. positioning a branded consumer banner ad on an unbranded disease information website) If any of these factors would create a link between the two campaigns, such as concurrent airing/viewing of the messages, it would violate the regulations.@jennifer-carroll Hi, would appreciate some clarity on Q.716. I understand the response holds for prescription products, but for Schedule D vaccines (as referenced here) whereby there can be a link between drug name and therapeutic use, is it still not permissible to have a potential perceived link between a DTCA and DTCI message? By 'potential' I am referring to one of the statements in both advertisements being the same (different colors, appearance, image, medium, proximity, context, etc), would this still be considered a link?
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@jennifer-carroll Hi, would appreciate some clarity on Q.716. I understand the response holds for prescription products, but for Schedule D vaccines (as referenced here) whereby there can be a link between drug name and therapeutic use, is it still not permissible to have a potential perceived link between a DTCA and DTCI message? By 'potential' I am referring to one of the statements in both advertisements being the same (different colors, appearance, image, medium, proximity, context, etc), would this still be considered a link?
Hi @mef
The context of the question was limited to “help-seeking” messages which could only be done in DTCI. The question was also asked under the old distinction document which did not allow for a link to the sponsor in help-seeking messages. This is not longer the case under the new distinction document.
The question you may perceive to still remain is that DTCA is acceptable for vaccines but cannot be linked to DTCI. This is correct. The important thing to note is that DTCI stands for direct-to-consumer information. When you link it to a brand, it is no longer information, it is branded and that is considered advertising. Therefore, the essence of the response remains unchanged even under the new distinction document. The nature of the links are considered within the context of the 2 APSs. For the example presented, the same statement in DTCI, used in the DTCA may be considered a link depending on the balance of the APS, e.g. It is the only statement in the APS + product logo.
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Hi @mef
The context of the question was limited to “help-seeking” messages which could only be done in DTCI. The question was also asked under the old distinction document which did not allow for a link to the sponsor in help-seeking messages. This is not longer the case under the new distinction document.
The question you may perceive to still remain is that DTCA is acceptable for vaccines but cannot be linked to DTCI. This is correct. The important thing to note is that DTCI stands for direct-to-consumer information. When you link it to a brand, it is no longer information, it is branded and that is considered advertising. Therefore, the essence of the response remains unchanged even under the new distinction document. The nature of the links are considered within the context of the 2 APSs. For the example presented, the same statement in DTCI, used in the DTCA may be considered a link depending on the balance of the APS, e.g. It is the only statement in the APS + product logo.
@jennifer-carroll said in 716 - Hello, I'm looking for where to find guidance regarding regulations for executing a 'help seeking' DTC campaign for vaccines at the same time as a branded DTC vaccine campaign. Given the DTC nature, pre-clearance would likely be through ASC. I've reviewed the guidance from Health Canada at length and am well aware of the criteria for help seeking. My understanding is that the help seeking and branded campaigns must be different (ie: in colour, tag lines etc) and not linked in any way, but I'm unable to find specific direction. I'd like to be more clear on how the campaigns must be different, assuming they are not linked in anyway (visually or otherwise), and if/how they may be executed concurrently. ie: can a vaccine help seeking TV ad be on during the same time a vaccines DTC branded banner ad or social media campaign is running (again, assuming not linked in any way). Thank you in advance for your assistance.:
he same statement in DTCI, used in the DTCA may be considered a link depending on the balance of the APS, e.g. It is the only statement in the APS + p
Thanks so much for the clarification, Jennifer!
