CASE SUMMARY

• The complainant alleged that the inverted triangle symbol throughout Napp’s website was the incorrect colour and might confuse health professionals.

• Napp acknowledged that the black triangle symbol should always be black and that the font colour of the black triangle was bold dark grey.

• Napp disagreed that this oversight was a breach of Clause 4.10 because a black triangle was only required to be included on promotional material.

• Napp denied a breach of Clause 9.1 and stated that certain oversights should not automatically constitute a fall in high standards.

• The Panel noted that contrary to Napp’s view, it was not only promotional material that required the inclusion of a black triangle.

• The Panel ruled that the complainant had not established that the product webpage directed at health professionals was promotional and thus no breach of Clause 4.10 of the Code was ruled.

• The panel ruling was that Napp had inadvertently used dark grey instead of black inverted triangles on some of its medicines on its non-promotional corporate website, which constituted a breach of Clause 26.3 of the Code.

Clauses:

• Clause 4.10 states that promotional material must display an inverted black equilateral triangle to denote additional monitoring.

• Clause 9.1 of the Code states that companies must maintain high standards and operate in accordance with the principles of the Code.

Additionally, the Panel noted that

• Clause 26.3 requires the inclusion of an inverted black triangle symbol on material related to a medicine that is subject to additional monitoring and intended for a patient taking that medicine.

MedicalGoGo Learning points:

· Ensure that promotional material, as well as non-promotional material, display the correct symbols as required by the Code.

· Pay attention to the details of the requirements of the Code, including font colour and size, and ensure that all material is compliant.

· Take complaints seriously and act promptly to investigate and correct any errors or breaches.

· Remember that the appropriate use of regulatory symbols is essential for patient safety and medicines regulation and should be treated with the utmost importance.

· Finally, consider the spirit of the Code and strive for high standards at all times, even in the case of minor oversights or errors.