As we move into the Fall, we have noticed that the volume of submissions has increased this year over last year and we appear to be on a record pace.  We thank the industry for excellent compliance overall.  We have had to make rulings on six stage two complaints which is a relatively large increase from two last year.  Most of those complaint files related to non-submitted materials, again indicating the value of the PAAB preclearance program.

The PAAB Board has commissioned two committees struck by the Commissioner: one to review the independent auditor’s report regarding the preclearance review mechanism, and the other a PAAB Code Committee.  The PAAB received a high rating from the auditor in the associated preclearance review mechanism report, though we recognize there is always room for improvement.  A meeting was therefore convened to review the auditor’s recommendations.  We value the comments received from the industry participants and we look forward to implementing some of the ideas generated at the meeting.

A second meeting was the initial meeting of the PAAB Code Committee. The Committee was created to review the recommendations submitted earlier in the year by the PAAB Code Gap Advisory Committee.  The group ratified most of the recommendations as needed and doable.  The hard work of bringing the generated ideas to life has just started and some time is needed for the PAAB to be able to bring those ideas forward into practice.

The PAAB staff remains the same, although we are without Vivien Fong who has just left on parental leave for a year.  I am optimistic that the staff will continue its fine turnaround record of 99.9% first reviews within ten days that we have accomplished this year.

We are looking forward to the two training workshops in November.  We have a large number of registrants so far, so get your name in soon if you want to be part of the learning curve.
 
Finally, we have launched our new communications plan and have started a revitalised use of Social Media to keep you informed of PAAB news and activities.  I thank the PAAB staff for the time and effort they have put in to make this transition.  Please remember you can always go to www.paab.ca and see everything you need to know about the PAAB.

As always, we welcome your thoughts on this issue of PAAB Views and on any content you would like to see covered in upcoming editions.

Sincerely,

Ray Chepesiuk
PAAB Commissioner

PAAB Refreshed Assets
In order to maximize the benefit of our communications and keep in more frequent touch with our important stakeholders, PAAB is pleased to advise that we have refreshed some of our existing assets. Click here for a short video to learn more about PAAB and our communications efforts.

We have prepared a content calendar for the remainder of 2015 that is based on requests for additional information we have received throughout the years. In addition to our planned features, we will also keep our eyes and ears open for any relevant news and updates that we can share with you from the wider environment.

To remain current and informed together, we encourage you to connect with us through our:

• LinkedIn PAAB page: This is a new page where we will keep you updated on items specific to PAAB and the health advertising environment
• LinkedIn PAAB group: We are maintaining the existing PAAB LinkedIn group page to continue to facilitate conversations with and between PAAB stakeholders about health advertising and communications; please feel free to post your topics of interest to engage with us and your colleagues
• Twitter: We will be more active on Twitter moving forward, where we will share news and updates with you
• Website: Our website will remain our main repository for all things PAAB, including our quarterly newsletter PAAB Views and our new monthly feature “Review tips and cases” where we will specifically address current submissions trends or key issues
• Ask PAAB: We continue to encourage you to post any queries you may have to Ask PAAB, where we are always eager to answer your questions

We welcome your feedback along the way, so reach out to us with compliments or concerns; let us know what you think we’re doing well and where you think we could improve. We’re looking forward to staying connected!
 
Fair Balance Checklist
You’ve asked and we’ve listened. We’ve received requests for checklists to help guide selection of the standard fair balance content in drug advertising. This checklist is now available. Read more...

What We Can Learn From Kim Kardashian
Never would it have been predicted that Kim Kardashian would be covered in PAAB communications. However, she has incited advertising regulatory action by the FDA and that is PAAB worthy. PAAB has received more calls from media about this issue than any other topic in recent memory.

Kardashian was paid by Duchesnay to promote its brand of a morning sickness pill on Instagram to her large following. This was classified as direct-to-consumer advertising of a prescription drug by the FDA. There was no fair balance safety information presented in the ad. So Kardashian misrepreprented the product in the eyes of the FDA, and a letter was sent to Duchesnay advising them to stop doing so.

Some writers have said this is a new form of advertising and questioned why the authorities would regulate it. What Kardashian did is not new; celebrity endorsements have been around for a long time. A similar case study about FDA intervention was on Mickey Mantle promoting an arthritis drug on national television while being interviewed during a baseball game. Even in Canada, Scotty Bowman has been heard extolling the virtues of a prescription erectile dysfunction drug on public radio during an interview.  Both Mantle and Bowman were paid spokespersons.  So what’s the difference now? What was new was the use of Instagram and the rapid spread of the story. 

So if you are paying celebrity endorsers of your product, you should ensure they are aware that federal advertising regulations apply to product messages.  A good standard operating practice is to require vetting of messages by the company’s advertising compliance representatives before they are delivered to the public, just as you do with the rest of the advertising you create.  The PAAB is there to provide guidance on direct-to-consumer activities.  Contact us.  We will help you get to “yes.”