ASA Adjudication on Pharmacy2U Ltd

Ad

A poster in a motorway service station, for a dispensing service from Pharmacy2U, was headlined "Pharmacy2U's low cost prescription dispensing service". Text continued "If you have a prescription for Viagra, Levitra or Cialis, Pharmacy2U provides a low cost dispensing service with the convenience of free delivery to your chosen address. It's a highly discreet service which avoids any potential embarrassment. As you can see from the table below, our prices offer significant cost savings compared to the high street ... Visit www ... or call 0870 ... to order now and start saving £££s." A table below was headed "Private Prescription Dispensing Charges" and listed the drugs Viagra, Levitra and Cialis against prices charged by Pharmacy2U, Lloyds Pharmacy, Boots the Chemist and Alliance Pharmacy.

Issue

Allcures plc challenged whether the poster advertised prescription-only medicines to the public.

CAP Code (Edition 11)

Response

Pharmacy2U (P2U) said the poster advertised their prescription dispensing service and targeted those consumers who already had a prescription.  They said the poster did not encourage consumers to seek a prescription and did not make medicinal claims for the products mentioned in the ad.  P2U therefore disagreed that the poster advertised prescription-only medicines to the public.

P2U told us they had no plans to use the poster again.

Assessment

Not upheld

The ASA noted P2U's comments.  We acknowledged that they had sought to promote their prescription dispensing service and noted the headline stated "Pharmacy2U's low cost prescription dispensing service".  We considered that the content of the poster focused on the prescription dispensing service and considered that the price comparison table merely sought to underline the cost savings that could be made by using P2U's service.  We noted the ad did not mention the attributes or functions of the medicines named and considered that the poster was unlikely to result in increased numbers of consumers using the medicines, given that a prescription was required for them.  We concluded that the poster was therefore neither directly nor indirectly promoting prescription-only medicines to the public and was acceptable.

We investigated the poster under CAP Code clauses 2.8 (Spirit of the Code) and 50.12 (Health and beauty products and therapies - Medicines) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)