On August 30, 2017, Amgen issued a press release indicating that, based on a study requested by the U.S. Food and Drug Administration, patients who were administered Kyprolis after a multiple myeloma relapse had a reduced risk of death as compared to those who used an alternative chemotherapy drug called Velcade. At some point thereafter, according to Stat, an Amgen employee in Denmark posted a link to the press release on his or her LinkedIn page, and then liked the post. 
Danish law enforcement authorities are now considering whether to ask a Danish court to fine Amgen, and potentially charge the Amgen employee with a criminal offense, based on this seemingly innocuous reposting on social media of a press release whose accuracy has never been questioned. In fact, the Danish Medicines Agency – which is part of the Danish Ministry of Health and describes its mission as ensuring “effective, safe and accessible medicines and safe medical devices that benefit society” – is assessing whether, by transmitting on social media the results of the U.S.-based study, the Amgen employee in question violated the Danish Medicines Act. Pursuant to Section 66(1) of an official English translation of the Act, “advertising to the general public” of a medicine such as Kyprolis, which is “available only on a prescription,” is “not allowed.” Further, the Danish Medicines Act provides that a violation of Section 66(1) can be punished either by a fine, or by up to four months’ imprisonment. Thus, to restate: a pharmaceutical company employee can actually go to prison in Denmark for posting positive study results on his or her LinkedIn account.
