40 - At a recent medical conference there was a company display that promoted a disease specific message. There was no product mention and the posters did not go to PAAB, although the imformation clearly introduces a specific message. As per question and answer #39, this would seem to be within guidelines, assuming there was no other promotional material at the booth. The complicating factor is that this company does not have an approved product for the disease state being presented. There is a great deal of discussion and "noise" surrounding their product and when it will be available but, to date, it has not receieved NoC. Is this within guidelines? It appears to be promotion for a product currently undergoing review?
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It is difficult to answer this question precisely without all of the facts to see and know. What was the "specific message"? The question I ask is "Are they advertising a particular product?" Advertising is regulated information. Companies can present disease information as long as they don't state or imply that it is linked to a particular product they make if the product status is pre-NOC. If it is pre-NOC, I would not expect to see specific product material to link to. Keep in mind PAAB code section 7.8 does require company-generated editorial ads to be pre-cleared if they fit the requirements such as mechanism of action or discussion of current healthcare product therapy. Company-generated "discussion and noise" about a particular product pre-NOC is considered to be off-label i.e. illegal. The smoke and mirrors approach to get around the law is considered to be unethical. Over 400 pharma industry personnel and physicians in the U.S. have been indicted for behaving that way. I am not aware of that happening in Canada because of the checks and balances we have in our promotional system e.g. PAAB. We do have occasional cases such as your example and we discourage widespread behaviour such as that through our complaint system. We will get Health Canada involved if the PAAB proves to be ineffective in stopping specific pre-NOC cases. remember, if "it appears to be promotion for a product currently undergoing review", it probably is promotion and illegal.
