Key Topic 1: Activities prior to marketing authorization
As you know, there are circumstances where sharing of off-label information is allowable, namely:
- When there is a legitimate business need e.g. scientific exchange, information for payers, market research
- In response to an external request e.g. scientific enquiries
- When there is an established expectation e.g. financial announcements
Always remember that off label promotion is illegal.
Therefore it is vital that the activities and materials that you review in relation to these circumstances cannot be viewed by others as promotional in any way. If you have any doubts seek the advice of a senior colleague.
The sanctions for off label promotion can be very severe.
Consider this example
On September 1st 2010 the Department of Justice in the US made the following announcement:
Allergan Agrees to Plead Guilty and Pay $600 Million to Resolve Allegations of Off-Label Promotion of Botox®
At the time Botox was approved to treat cervical dystonia (involuntary neck muscle spasm). It was alleged that Allergan undertook a series of activities to widen usage of Botox to include headache and neck pain. Their materials claimed that cervical dystonia was ‘under-diagnosed’ and that doctors could diagnose cervical dystonia based on headache and pain symptoms alone.
Some of the activities included advisory boards which the authorities deemed as promoting these off label uses.
