I have seen the supposedly innocent disease-awareness flyers! If you think ‘non-promotional’ means ‘risk-free,’ you’re in for a surprise – and so was the team that found themselves knee-deep in Code breach chaos. Let me take you through what most people get wrong about the ABPI Code, and why even well-meaning, fact-based content can land you in hot water.
Red flags: How non-promotional content becomes a minefield
Let’s be honest: most breaches under the ABPI Code don’t start with a glossy campaign or a bold brand claim. They begin with something far more subtle—content that everyone thought was “safe” because it was labelled as non-promotional. But as I’ve seen time and again, the real minefield is non-promotional content. Disease-awareness campaigns, patient support tools, and HCP education pieces are now under more scrutiny than ever, especially with the 2024/2025 ABPI Code’s focus on perception-based marketing compliance.
Non-promotional content risks: myth vs. reality
There’s a persistent myth in pharma: “If it’s non-promotional, it’s low risk.” The recent PMCPA code cases shatters this. The PMCPA doesn’t care what your team meant; they care how a reasonable healthcare professional (HCP) or patient will perceive your material. That’s why non-promotional is not a get-out-of-jail card. In fact, it’s a high-scrutiny category.
Five 'Red Flags' in non-promotional content
Symptom descriptions echoing SmPC or trial criteria
If your disease-awareness content mirrors the language of the SmPC or pivotal trial inclusion criteria, you’re effectively signposting your product. This is a classic trigger for implied product superiority in marketing.Treatment pathways leading straight to your product
Flowcharts or algorithms that “just happen” to end at your therapy class or brand are subtle, but risky. These design choices now attract more scrutiny under the Code.Brand-linked colours and imagery
Visuals aren’t just aesthetic anymore. If your non-promotional piece uses the same palette, iconography, or style as your brand, it’s indirect brand signposting—and it won’t go unnoticed.Biased stats and charts
Even a single cherry-picked graph or unbalanced reference can tip you over the line. Selective data that favours one therapy class or product is a red flag for the PMCPA.Patient journeys ending in unmet need your product fills
Stories that highlight a gap only your medicine can realistically address create a patient-pull effect—content that shapes demand for a specific prescription-only medicine (POM).
Implied product superiority and Patient support tools compliance
Recent PMCPA cases show that even “educational” resources and patient support tools can breach the Code if they contain subtle signals—implied product or class superiority, unbalanced disease framing, or indirect brand signposting. The most frequent triggers? Patient-pull effects and implied superiority.
Most breaches start innocently: “The real minefield is non-promotional content.”
Perception Over Intention: The Compliance Reality
It’s not about what you meant; it’s about what your audience perceives. Even the best-intentioned teams can fall foul of the Code through small wording choices, design cues, or data selection. The PMCPA will always ask: “How would an average HCP or patient interpret this?” That’s why clarity and diligence are your best defences against the hidden risks of non-promotional content.
The 'AskAnzal Non-Promotional Test' (And why teams trip over it)
Most breaches of the ABPI Code don’t start with a glossy campaign or a bold product claim—they begin with content that nobody in the room thought was promotional. After years spent reviewing job bags and dissecting PMCPA cases, I see the same pattern: the real compliance minefield is so-called “non-promotional” content. Educational decks, disease-awareness campaigns, patient support tools, and HCP education can all quietly cross invisible promotional lines. That’s why the ABPI Code demands we rethink what “non-promotional” really means.
Non-Promotional is not a get-out-of-jail card
There’s a stubborn myth in pharma: if it’s labelled “non-promotional,” it’s low risk. The 2025 ABPI Code makes it clear—this is simply not true. The PMCPA doesn’t care what you meant; they care about how a reasonable HCP or patient will perceive your material. Perception over intention is the golden rule. I’ve seen seasoned brand managers get blindsided by an ‘innocent’ infographic that quietly implied product superiority—because it’s not about what you call it, it’s about what your audience sees.
The 'AskAnzal Non-Promotional Test': Two simple questions:
To cut through the confusion, I use the AskAnzal Non-promotional test—a practical tool for medical information compliance:
Can a reasonable reader infer which medicine you’re talking about—even indirectly?
Is your content likely to increase demand for a prescription medicine?
If the answer to either is “yes,” your content is most likely promotional. As I always say:
'If a reasonable reader can infer which medicine you’re talking about—even indirectly—it’s promotional.'
This binary filter is the heart of understanding promotional vs non-promotional content. Labels and intentions are irrelevant: the only thing that matters is outside perception.
Why teams trip over the test
Most teams don’t fail because of incompetence—they fail because the Code is perception-based, not intention-based. The PMCPA scrutinise the likely perception of average HCPs and patients, regardless of internal intent. Here are five red flags that often push “safe” content into high-risk territory:
Symptom descriptions that mirror licensed indications or trial outcomes.
Treatment pathways that obviously point to your therapy class or brand.
Statistics that disproportionately favour one therapy class.
Imagery or colours linked to brand identity.
Patient journeys ending in unmet-need messaging only your product fills.
If your “non-promotional” piece features two or more of these, you’re in high-risk territory for ABPI Code compliance 2025.
Turning the test into culture
The AskAnzal Non-promotional Test isn’t just for sign-off. Apply it relentlessly—challenge assumptions in every job bag discussion. Make it a habit to ask: “Does this pass the AskAnzal Non-Promotional Test?” That’s how you turn PMCPA learnings into everyday practice, not just post-breach corrections.
Turning breaches into learning loops: Building a culture of clear, confident communication
If there’s one lesson I’ve learned from years of reviewing educational materials and PMCPA cases, it’s this: the real risk isn’t in the big, glossy campaigns—it’s in the “non-promotional” content we all assume is safe. Disease-awareness campaigns, patient support tools, and HCP education pieces are exactly where most promotional breaches begin. The 2024 ABPI Code makes it clear: intention doesn’t matter, perception does. That’s why building a culture of clear, confident communication is more important than ever.
I’ve seen too many teams clamp down on creativity after a breach, treating compliance as a barrier instead of an enabler. But the most effective approach isn’t fear—it’s learning. Every PMCPA case is a live training opportunity. Instead of filing these cases away as cautionary tales, I bring them into team discussions. We dissect what went wrong, not to point fingers, but to spot patterns and challenge our assumptions. This is how we turn breaches into learning loops.
Rethinking job bag debates is key. Instead of waiting until sign-off to challenge content, we ask the tough questions early. Is this educational material really non-promotional, or are we just calling it that? Does it pass the AskAnzal Non-Promotional Test? If a reasonable HCP or patient could infer the brand, or if the content might increase demand for a prescription medicine, we’re in promotional territory—regardless of our intentions. This simple, objective test has become a shared habit in our workflow, especially as compliance obligations tighten.
The best advice I ever got was: “Compliance isn’t about saying no; it’s about saying yes, but clearly, confidently, and on the right side of the Code.” That means treating “non-promotional” as a design choice to be defended, not a tick-box label. It means upskilling teams, using real case studies as part of everyday creative work, and making open, honest reviews the norm.
Culture beats caution every time. When teams feel safe to ask questions and challenge assumptions, we create educational materials that are both creative and compliant. We don’t just avoid breaches—we build trust with HCPs, patients, and regulators. That’s why I believe the best training opportunities aren’t just about rules—they’re about real conversations, live case reviews, and normalising the AskAnzal test in every material review.
Good compliance isn’t about shutting things down. It’s about enabling clear, confident, Code-compliant communication.
In the end, the ABPI Code isn’t there to stifle us—it’s there to help us communicate better. If we design for clarity, not just caution, compliance becomes a natural by-product of good communication. That’s the culture we need for 2025 and beyond.