738 - Would it be acceptable to use an image in a patient support material (PSP) if the same image is being used in healthcare professional branded material? The product only has one indication and PSP material would specifically be distributed to patients prescribed the product for the approved indication.

  • The fact that an image has been used in HCP branded advertising does not make it ineligible for use in patient information. Keep in mind however, that unlike HCP advertising, patient information cannot be promotional. So a key distinction is whether or not the image itself is promotional, in which case it would not be acceptable for a patient tool. This same concept applies even if the PSP is not overtly branded. In other words, by using imagery from a branded piece, the PSP becomes branded and as such should meet the restrictions of a branded patient piece.