Skolas iela 3, Rīga, LV–1010
Phone: + 37129110062
E-mail:
web: / Latvijas Patentbrīvo medikamentu asociācija
Krišjāņa Valdemāra iela 33–29,Rīga, LV–1010
Phone: + 371 27829001
Fax: + 371 67844976
E–mail:
web:
CODE OF PRACTICE ON THE PROMOTION
OF MEDICINALPRODUCTS
Approved by the Decision of the Meeting of Members of
the Association of International Research–based Pharmaceutical Manufacturers
of March 23, 2016 and by the Decision of
the Meeting of Members of the Latvian Generic Medicines Association of March 23, 2016
Riga, 2016
(valid since April, 2016)
TABLE OF CONTENTS
INTRODUCTION
SCOPE OF THE CODE
APPLICABILITY OF CODES
PROVISIONS OF THE CODE
ARTICLE 1 – MARKETING AUTHORIZATION
ARTICLE 2 – INFORMATION TO BE MADE AVAILABLE
ARTICLE 3 – PROMOTION AND ITS SUBSTANTIATION
ARTICLE 4 – USE OF QUOTATIONS IN PROMOTION
ARTICLE 5 – ACCEPTABILITY OF PROMOTION
ARTICLE 6 – DISTRIBUTION OF PROMOTION
ARTICLE 7 – TRANSPARENCY OF PROMOTION
ARTICLE 8 – INFORMATIONAL OR EDUCATIONAL MATERIALS, AND ITEMS OF MEDICAL UTILITY
ARTICLE 9 – ADVICE ON MEDICAL MATTERS ARTICLE 10 – EVENTS AND HOSPITALITY
ARTICLE 11 – PROHIBITION OF GIFTS
ARTICLE 12 – DONATIONS AND GIFTS THAT SUPPORT HEALTHCARE OR RESEARCH
ARTICLE 13 – FEES FOR SERVICES
ARTICLE 14 – SPONSORSHIP OF HEALTHCARE PROFESSIONALS
ARTICLE 15 – USE OF CONSULTANT SERVICES
ARTICLE 16 – NON–INTERVENTIONAL STUDIES OF MARKETED MEDICINES
ARTICLE 17 – SAMPLES
ARTICLE 18 – PHARMACEUTICAL COMPANY STAFF
ARTICLE 19 – COOPERATION OF PHARMACEUTICAL COMPANIES WITH PATIENT ORGANISATIONS
ARTICLE 20 – SANCTIONS
ARTICLE 21 – FINAL PROVISIONS
ANNEX A – IMPLEMENTATION OF THE CODE AND PROCEDURE RULES
ANNEX B – GUIDELINES FOR INTERNET WEBSITES AVAILABLE TO HEALTHCARE PROFESSIONALS, PATIENTS AND THE PUBLIC IN EU
ANNEX C – GUIDELINES FOR WRITTEN AGREEMENT BETWEEN PHARMACEUTICAL COMPANY AND PATIENT ORGANISATION
INTRODUCTION
The Association of International Research–based Pharmaceutical Manufacturers (hereinafter: SIFFA), the Latvian Generic Medicines Association (hereinafter: LPMA), and their members (hereinafter SIFFA,LPMA and their members jointly referred to as Manufacturers) are conscious of the importance of providing accurate, fair and objective information about medicinal products so that rational decisions can be made as to their use. With this in mind, the Manufacturers have adopted the Code of Practice on the Promotion of Medicinal Products (hereinafter referred to as the Code). The Code reflects the requirements of Council Directive 2001/83/EC, as amended, relating to medicinal products for human use (hereinafter: the "Directive"). The Code fits into the general framework established by the Directive, which recognises the role of voluntary control of advertising of medicinal products by self–regulatory bodies and recourse to such bodies when complaints arise.
Manufacturers encourage competition among pharmaceutical companies. The Code is not intended to restrain the promotion of medicinal products in a manner that is detrimental to fair competition. Instead, it seeks to ensure that pharmaceutical companies conduct such promotion and interaction in a truthful manner, avoiding deceptive practices and potential conflicts of interest with wholesale companies, owners of pharmacies, pharmacists, healthcare professionals, patients and non–governmental organizations uniting them, and in compliance with applicable laws and regulations. The Code thereby aims to foster an environment where the general public can be confident that choices regarding their medicines are being made on the basis of the merits of each product and the healthcare needs of patients.
The SIFFA and LPMA members recognise that they have many common interests with patient organisations, which represent and/or support the needs of patients and/or caregivers.
SCOPE OF THE CODE
(1)This Code covers the promotion to the public, healthcare professionals and pharmacists of prescription– only medicinal products and interactions between pharmaceutical companies and wholesale companies, owners of pharmacies, pharmacists, owners and the staff of healthcare institutions, healthcare professionals, professional organizations of healthcare professionals and patient organisations with the aim to promote sales of medicinal products.
(2)The Code is applicable to:
- Manufacturers;
- Any company affiliated to the Manufacturers, including wholesale companies, pharmacies, providers of advertisements and others (hereinafter referred to as Member Companies);
- Any company that is not a Manufacturer, but manufactures medicinal products sold and/or distributed in Latvia (hereinafter referred to as Affiliated Manufacturers);
- Any company related to Affiliated Manufacturers referred to in the Article (2), Sub–paragraph 3, including wholesale companies, pharmacies, providers of advertisements and others (hereinafter referred to as Affiliated Companies).
Subjects referred to in the Sub–paragraphs 1 to 4 of this Article hereinafter are referred to as Pharmaceutical Companies.
(3)Pharmaceutical Companies shall be responsible for the obligations imposed under any applicable Code even if they commission other parties (e.g., contract sales forces, consultants, market research companies, advertising agencies) to design, implement or engage in activities covered by the Code on their behalves. In addition, Pharmaceutical Companies shall take reasonable steps to ensure that any other parties that they commission to design, implement or engage in activities covered by the Code, but that do not act on behalf of the Pharmaceutical Companies (e.g., joint ventures, licensees) comply with the Code.
(4)"Promotion", as used in the Code, includes any activity undertaken, organised or sponsored by a Pharmaceutical Company, or with its authority, which promotes and/or facilitates the prescription, supply, sale, administration, recommendation or consumption of its medicinal product(s).
(5)„Patient organisations" are defined as organisations (including the umbrella organisations to which they belong), that represent and/or support the needs of patients and/or caregivers.
(6)„Medicinal products", as used in the Code have the meaning set forth in Paragraph 1 of the Directive:
(a)Any substance or combination of substances presented as having properties for treating or preventing disease in human beings;
Explanation:
"Substance " is defined in Paragraph 1 of the Directive as: Any matter irrespective of origin which may be:
(a)human (e.g., human blood and human blood products),
(b)animal (e.g., micro–organisms, whole animals, parts of organs, animal secretions, toxins, extracts, blood products),
(c)herbage (e.g., micro–organisms, plants, parts of plants, vegetable secretions, extracts), or
(d)chemical (e.g., microelements, naturally occurring in chemical materials and chemical products obtained by chemical reactions or synthesis);
or
(b)any substance or combination of substances which may be used in or administered to human beings either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.
or
(c)any medical device containing a medicinal product.
(7)The Code covers medicinal products promotional activity and communication:
- directed towards the patient;
- directed towards cooperation with any member of the medical, dental or nursing professions or any other person who in the course of his/her professional activities may prescribe, purchase, supply or administer a medicinal product (each, a "healthcare professional");
- directed towards cooperation with patient organizations;
- directed towards activities of wholesale companies, owners of pharmacies and pharmacists regarding advising, dispension and selling of medicinal products to patients.
(8)The Code covers all methods of promotion including, but not limited to, oral and written promotional activities and communications, journal and direct mail advertising, the activities of Medical Sales Representatives, the use of internet and other electronic communications, the use of audio–visual systems such as films, video recordings, data storage services and the like, and the provision of samples, gifts and hospitality, as well as cooperation with patient organizations.
(9)The Code also covers interactions between Pharmaceutical Companies and healthcare professionals including, but not limited to, those in the context of research or contractual arrangements (including certain aspects of clinical trials, non–interventional studies, consultancy and advisory board arrangements).
(10)The Code is not intended to restrain or regulate the provision of non–promotional medical, scientific and factual information; nor is it intended to restrain or regulate activities directed towards the general public.
(11)The Code does not cover the following:
- the packaging of medicinal products and accompanying package leaflets, which are subject to the provisions of Title V of the Directive;
- correspondence, possibly accompanied by material of a non–promotional nature, needed to answer a specific question about a particular medicinal product;
- factual, informative announcements and reference material relating, for example, to pack changes, adverse–reaction warnings as part of general precautions, trade catalogues and price lists, provided they include no product claims;
- non–promotional information relating to human health or diseases;
- non–promotional, general information about companies (such as information directed to investors or to current/prospective employees), including financial data, descriptions of research and development programmes, and discussion of regulatory developments affecting a company and its products.
(12)Pursuant to the Code:
- The independence of patient organisations, in terms of their political judgement, policies and activities, shall be assured by the Pharmaceutical Companies;
- All partnerships between patient organisations and the Pharmaceutical Companies shall be based on mutual respect, with the views and decisions of each partner having equal value.
- Pharmaceutical Companies shall not request, nor shall patient organisations undertake, the promotion of a particular prescription–only medicine.
- The objectives and scope of any partnership between Pharmaceutical Companies and patient organisations shall be transparent. Financial and non–financial support provided by Pharmaceutical Companies shall always be clearly stated and acknowledged.
- SIFFA, LPMA and their members welcome broad funding of patient organisations from multiple and various sources.
(13)Attached to this Code are:
- Annex A – "Implementation and Procedure Rules" which set forth the framework for the implementation of the Code, the processing of complaints and the initiation or administration of sanctions on the SIFFA and LPMA part;
- Annex B – "Guidelines for Internet Websites Available to Healthcare Professionals, Patients and the Public", which provide guidance to member companies with respect to the content of the website containing information on medicinal products.
- Annex C – Guidelines for a Written Agreement between Pharmaceutical Company and Patient Organisation.
APPLICABILITY OF CODES
(14)This Code sets out the minimum standards which Manufacturers consider must apply.
(15)Pharmaceutical Companies must observe and assure their activities in compliance with this Code, other codes binding to the specific Manufacturer, as well as all laws, regulations and directives, which they are subject to.
(16)Pharmaceutical Companies must comply both with the spirit and the letter of the provisions of the Code. For example, the companies must observe the consequent standards in relationships with healthcare professionals and patient organisations, especially as regards gifts and hospitality.
(17)Promotion and cooperation which take place outside the Republic of Latvia must comply with applicable laws and regulations of the relevant country. In addition, promotion and interaction which take place outside Latvia must also comply with codes applicable in the relevant country. In the event of a conflict between the provisions of applicable codes, the more restrictive of the conflicting provisions shall apply (unless Article 14.01 provides otherwise) with the exception of the applicability of Section 10.05, when the governing is the financial threshold in the country were the event is held (e.g. in the “host country”).
(18)For the avoidance of doubt, the term "company" as used in this Code, shall mean any legal entity that organises or sponsors promotion directly or indirectly, or engages in cooperation with healthcare professionals and/or patient organisations covered by an Applicable Code, which takes place within Europe, whether such entity be a parent company (e.g., the headquarters, principal office, or controlling company of a commercial enterprise), subsidiary company or any other form of enterprise or organisation.
(19)Pharmaceutical Companies must comply with any Applicable Codes and any laws and regulations to which they are subject.
(20)The relevant local affiliate must be informed of any international events; or else local recommendations must be received.
(21)If a Pharmaceutical Company is located in any country of Europe, the national industry code of that country will apply; whereas the Code of the country will be applicable in case the company is located outside Europe. In case of a partnership, whose activities take place in a particular European country, the Pharmaceutical Industry Code of the country, where those activities take place, must be complied with.
(22)In case of cross–boundary partnerships and activities, one must comply with the Pharmaceutical Industry Code of the country where the pharmaceutical company or patient organization's headquarters is located in Europe.
(23)SIFFA and LPMA also encourages compliance with the letter and spirit of the provisions of the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) Code of Pharmaceutical Marketing Practices, where applicable.
PROVISIONS OF THE CODE
ARTICLE 1 – MARKETING AUTHORIZATION
1.01.A medicinal product must not be promoted prior to the grant of the marketing authorization allowing its sale or supply. Likewise, unapproved indications must not be promoted.
1.02.Promotion must be consistent with the particulars listed in the summary of product characteristics of the relevant medicinal product.
ARTICLE 2 – INFORMATION TO BE MADE AVAILABLE
2.01. All promotional materials must comply with the Code and laws and regulations of the Republic of Latvia, as well as includethe following information clearly and legibly:
(a)essential information consistent with the summary of product characteristics, specifying the date on which such essential information was generated or last revised;
(b)the supply classification of the product;
and
(c) when appropriate, the selling price or indicative price of the various presentations and the conditions for reimbursement by social security bodies.
2.02. Subject to applicable national laws and regulations, where an advertisement is intended only as a reminder, the requirements of Article 2.01 above need not be complied with, provided that the advertisement includes no more than the name of the medicinal product or its international non– proprietary name, or the trademark.
ARTICLE 3 – PROMOTION AND ITS SUBSTANTIATION
3.01. Promotion must be accurate, balanced, fair, objective and sufficiently complete to enable the recipient to form his or her own opinion of the therapeutic value of the medicinal product concerned. It should be based on an up–to–date evaluation of all relevant evidence and reflect that evidence clearly. It must not mislead by distortion, exaggeration, undue emphasis, omission or in any other way.
3.02. Promotion must be capable of substantiation which must be promptly provided by the Pharmaceutical Company in response to reasonable requests. In particular, promotional claims about side–effects must reflect available evidence or be capable of substantiation by clinical experience. Substantiation need not be provided, however, in relation to the validity of elements approved in the marketing authorization.
3.03. Promotion must encourage the rational use of medicinal products by presenting them objectively and without exaggerating their properties. Claims must not imply that a medicinal product, or an active ingredient, has some special merit, quality or property unless this can be substantiated.
3.04. When promotion refers to published studies, clear references should be given.
3.05. Any comparison made between different medicinal products must be based on relevant and comparable aspects of the products. Comparative advertising must not be misleading or disparaging.
3.06. All artwork, including graphs, illustrations, photographs and tables taken from published studies included in promotional material should:
(a)clearly indicate the precise source(s) of the artwork;
(b)be faithfully reproduced; except where adaptation or modification is required in order to comply with any Applicable Code(s), in which case it must be clearly stated that the artwork has been adapted and/or modified;
(c)particular care must be taken to ensure that artwork included in promotion does not mislead about the nature of a medicine (for example whether it is appropriate for use in children) or mislead about a claim or comparison (for example by using incomplete or statistically irrelevant information or unusual scales).
3.06. The word "safe" must never be used without proper qualification.
3.07. The word "new" must not be used to describe any product or presentation which has been generally available, or any therapeutic indication which has been generally promoted, for more than one year.
3.08. It must not be stated that a product has no risks of addiction or dependency, as well as side–effects and toxic hazards.
ARTICLE 4 – USE OF QUOTATIONS IN PROMOTION
4.01. Quotations from medical and scientific literature or from personal communication must be faithfully reproduced (except where adaptation or modification is required in order to comply with any Applicable Code, in which case it must be clearly stated that the quotation has been adapted and/or modified) and the precise sources identified.
ARTICLE 5 – ACCEPTABILITY OF PROMOTION
5.01. Pharmaceutical Companies always must maintain high ethical standards.
Promotion must:
(a)never be such as to bring discredit upon, or reduce confidence in, the pharmaceutical industry;
(b)be of a nature which recognises the special nature of medicines and the professional standing of the recipient(s); and
(c)not be likely to cause offence.
ARTICLE 6 – DISTRIBUTION OF PROMOTION
6.01. Promotion should only be directed at those whose need for, or interest in, the particular information can reasonably be assumed.
6.02. Promotional mailing lists must be regularly updated.
6.03. Requests by Pharmaceutical Companies and/or healthcare professionals to be removed from promotional mailing lists and/or not be visited by sales and/or medical representatives promoting medicinal products must be complied with.
6.04. Subject to applicable national laws and regulations, the use of faxes, e–mails, automated calling systems, text messages and other electronic data communications for promotion is prohibited except with the prior permission, or upon the request, of the recipient.
6.05. Healthcare professionals or third parties representing them shall not be provided, offered or promised any gifts, financial compensation, pecuniary advantages or benefits as an inducement and/or guarantee for accepting sales and/or medical representatives' visits where medicinal products are being promoted. Conclusion of contracts that is substantiated, directly or indirectly, by the fact that physicians will prescribe medicinal products of the Pharmaceutical company, is prohibited.