Use of Brand Name for combination product
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"Product A just received approval for new indication to be used in combination with Product B. The indication reads :
Product A (brand name) in combination with product B (generic name) is indicated for first-line treatment of....
When using Product A (brand name) in combination with product B (generic name), consult product monograph for Product B (Brand name) for further information on this drug.
Q: would we be able to use Product B's brand name and logo in the APS?"
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"Product A just received approval for new indication to be used in combination with Product B. The indication reads :
Product A (brand name) in combination with product B (generic name) is indicated for first-line treatment of....
When using Product A (brand name) in combination with product B (generic name), consult product monograph for Product B (Brand name) for further information on this drug.
Q: would we be able to use Product B's brand name and logo in the APS?"
If Product B is owned by the same sponsor as Product A, use of the brand name and logo is considered co-promotion. It may be used in the APS based on Product A’s indication but will require indication and fair balance for Product B at a minimum. Requirements will be determined by the content in the APS.
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Thank you for your response. Would this still apply if Product B did not have the indication? or if the indication is expected soon?
Our previous response was provided with the understanding that Product B had a similar indication.
Where Product B does not have an indication at all, there can be issues with potential off-label promotion. It would be suggested to not use the Product B logo in Product A advertising in those cases. Use of Product B’s brand name could be considered when presented in the context of the PM for Product A, i.e. in a cautionary manner only. It should not be designed as co-promotion of Product B. As the respective indications and PM dictate how Product A and B can be presented, we suggest submitting for an opinion with the PMs as there may be nuances within that may not be addressed as a general question.
Eg. Product A is indicated for combination use with Product B for metastatic melanoma. Product B has no metastatic melanoma indication at all. If the APS is highlighting use in metastatic melanoma and includes Product B’s logo, this would be considered off-label promotion for metastatic melanoma as Product B has no such indication.
