750: I’ve reviewed your forum and website but my colleagues and I still have varying views. If a product receives Health Canada NOC, may an employee in a sales role email an HCP with this information with no efficacy claims? Would an employee in a medical affairs position be able to send same email? Is there a difference in who may send communication? Thank you.
-
We must first determine if this action is advertising by asking the questions in the Health Canada document “Distinction Between Advertising and Other Activities”. Who is providing the message? If the message is coming from a sales representative then the message is most likely advertising and therefore would require review. Has the information been solicited or is it unsolicited. If it is unsolicited, it may be advertising and therefore should be submitted for opinion or review. The document also asks the content of the message. A message of “now available” is exempt, however if any additional messages are included (e.g. indication or therapeutic category [direct or indirect, including visuals]), this may not be exempt. The distinction between advertising and non-advertising is not limited to “who delivers the message”. The other questions in the distinction document should be considered. If you remain uncertain if the activity is advertising or not, the PAAB can provide an opinion based on review of the copy and intended actions.
