I’ll assume that this question relates to an Rx product and that both the DTC and the HCP materials are product branded. Even with this assumption, there are a lot of parts to unpack here. The answer ultimately falls in the “maybe but not necessarily” category. The question entails several variables which complicate the task of narrowing the answer. These variables include:
- The audience
- The content
- The nature of the linkage
- The preclearance agency
With respect to the audience:
HCP advertising regulations are very different from consumer advertising regulations. These regulatory differences will invariably impact the content in the HCP & DTC pieces and may therefore impact the context in which the creative/headline is interpreted. For example, DTC regulations restrict branded advertising of prescription drugs to name, price, quantity. HCP advertising can (and likely will) include content pertaining to selection or use of the product. The context in which the headline/creative appears will therefore be different in the DTC and HCP ads. This may impact the meaning(s) of the headline/creative and therefore cause them to be questioned in some HCP APS even though it is not questioned in DTC APS (and vice versa).
With respect to content:
The interpretation(s) of some creatives/headlines are more context sensitive than others. The content is therefore in and of itself an important variable to consider when answering your question.
With respect to the nature of the linkage:
Note that PAAB needs to be informed of all materials which link to or from the HCP portal. Please ensure that the initial submission includes this information. We will need to see the DTC ad referred to in your question as it is part of the campaign leading traffic to the HCP portal. The link from the DTC ad should be to the pregate portion of the HCP portal (as the review of the pregate content considers the fact that consumers are a secondary audience for this segment). As the DTC ad leading to the portal is product branded, it is critical that the pregate portion falls within the restrictions of branded DTCRx. For example, I’ve recently seen the following scenario which we had to question. A DTC banner ad was created which simply identified the product name and dose, and linked to the pregate landing page of the HCP website. The landing page of the HCP website stated the therapeutic area but did not include any mention of the product name. So, on its own the landing page did not exceed the consumer regulations. However, by linking the DTC banner ad which identified the product to the landing page which identified the therapeutic area, the combined content exceeded the consumer regulations.
Note that Q&A 371 covers related (but different) linkage issues which should also be considered.
The preclearance agency:
There are two preclearance agencies that are recognized by Health Canada to review DTCRx (i.e. PAAB and ASC). This is outlined in the Health Canada guidance document “Health Canada and Advertising Preclearance Agencies’ Roles Related to Health Product Advertising”
PAAB and ASC are distinct organizations.
They are therefore governed and operated separately and independently. Although yearly Health Canada bilateral meetings are attended by both PAAB and ASC to promote consistency, it is possible for different preclearance agencies to come to different conclusions about APS messaging due to nuances in approach and/or values. I would therefore caution against expecting that everything which was not questioned by one agency will not be questioned by the other. We can consult with Health Canada for clarification as needed.
In summary:
In many cases, the product branded HCP advertising can have the same creative/headlines as product branded DTC advertising. But this is not always the case. If you need help for a specific scenario/campaign, feel free to send in a request for written opinion to the PAAB (see the fee schedule on our website www.paab.ca).
