The 2024 ABPI Code of Practice has landed – so what's new?

Key takeaways

• The 2024 ABPI Code of Practice has been released, after months of discussions on proposed changes and how they should be implemented
• The introduction of QR codes on printed items is a big win for both marketers and users, with full, up-to-date prescribing information now easily accessible
• A new abridged complaints procedure will reduce the amount of time and money pharma companies spend on breaches – but is that a good thing?

Introduction

Anyone working in the pharma marketing space will have been waiting for a particular ABPI-related notification to pop up.

Back in December 2023, proposed changes to the Code were shared, and since then it's been a long process of feedback and consultations. Well, drumroll please… the approved 2024 changes have finally been released!

I previously covered what the expected changes were, and now that updates have been confirmed, here's your rundown of some of the key things that are actually changing.

Get scanning

QR codes on printed items are finally allowed! Anyone working on printed drug advertisements will be familiar with the nightmare of trying to fit the prescribing information (PI) on it. Is it all there? Is it legible? Does your ad still look good after squeezing it on? And God help you if you needed to include PIs for both GB and NI, or for multiple products!

Now, the rules for how you direct people to your PI change depending on format, so here's the breakdown:

Printed materials:

• PIs must be provided on promotional material either as text, or as a clear and prominent QR code. The QR code must also be accompanied by ‘scan here for PI’-type wording

Digital materials for recipient to access on their own device:

• In items like emails, ads in electronical journals, or websites, PIs must be included either as text, or as a direct single-click link

Digital materials to be shown to recipient in person:

• In materials like eDetail aids or face-to-face presentations, the PI must be provided as either text, a QR code with the ‘scan here for PI’ wording, or as a direct single-click link

This is one of the changes that has me on cloud nine, as we're still providing healthcare professionals (HCPs) with the full PI, but in a way that saves printing space, and doesn't run the risk of going out of date!

A quicker way to solve complaints

Under the ABPI's Constitution and Procedure rules, a new abridged complaints procedure is being rolled out, meaning less serious complaints can try and avoid the standard lengthy process.

The point of this is to allow the PMCPA to still look into more serious complaints in full, but save time and resources when assessing those that are more straight-forward.

The abridged version will only be available for complaints that meet the following criteria:

• The allegations fall within the authority's approved list
• The central facts of the complaint won't be disputed
• It's likely in the case preparation manager's view that there has been a breach

If a complaint has multiple allegations, then it will automatically go through the full procedure, unless ALL of the allegations made can meet the above points.

When a complaint's been submitted, the respondent company has 15 working days to investigate and respond in writing. For the complaint to keep progressing through the abridged version and ultimately be resolved, the response must:

• Accept the breach of the Code and state that the non-compliant activity or material will stop immediately, and steps will be taken to avoid it happening again in future
• Confirm that as a result of the investigation, a systemic compliance issue hasn't been identified

If the response doesn't meet the above – it's shipped off to the full complaints procedure! One important thing for companies to be aware of, and it could make a real difference to if they're thinking of fighting the complaint, is that fines under the abridged route are half that of the full procedure.

So, the question is, would it be worth accepting a breach and halving your costs, even if you don't agree with the complaint?

Full disclosure around pharma relationships

Pharma companies have always had to be open and honest about their collaboration with HCPs and healthcare organisations (HCOs). One of the ways for these details to be easily accessed has been through public database Disclosure UK.

Disclosure UK hosts two data ‘gateways’, which direct users to information on individual company websites covering payments, benefits, and relationships with HCPs and HCOs.

Previously, submitting links to these gateways was optional, but highly encouraged. With the 2024 updates, it is now mandatory. Better start submitting those links if you want to stay compliant!

Conclusion

There's been a whole host of other tweaks made to the newest ABPI Code of Practice, but the above are the three key updates that pharma marketers need to be aware of.

Although it would have been great to see further clarity on how pharma companies can make the most of social media (in a compliant way), the addition of QR codes means that we're at least moving in a more technology-focused direction. It's simpler for us to create, and simpler for the end user too!

You can take a look through the ABPI Code of Practice in full, or reach out to us for help creating engaging and compliant content.

The 2024 ABPI Code of Practice comes into effect on Tuesday, 1 October 2024. Between 1 October and 31 December 2024, no material or activity will be regarded as being in breach of the ABPI Code if it fails to comply with the new requirements.

However, the PMCPA will start to use the new Constitution and Procedure updates from 1 October 2024, including the abridged complaints procedure. The 2024 Code will then come into full force on 1 January 2025.