ASA Adjudication on Anthony Nolan Trust

Anthony Nolan Trust

2–3 Heathgate Place
75–87 Agincourt Road
London
NW3 2NU

Date:

1 February 2012

Media:

Direct mail

Sector:

Non-commercial

Number of complaints:

1

Agency:

GB Group plc

Complaint Ref:

A10-134304

Ad

A direct mailing, which referred to a leukaemia charity’s bone marrow donor register, received on 31 July 2010, included text on the envelope that stated “WITH YOUR HELP WE CAN DOUBLE THE NUMBER OF LIVES WE SAVE”. The charity’s logo also appeared on the envelope and was repeated throughout the mailing; text below it stated “BE A MATCH, SAVE A LIFE”. Further text included “Thank you so much for committing to save a life by being on the Anthony Nolan Register. Last year over 800 remarkable people just like you gave a person the hope of life ... We’ve set ourselves a huge target of doubling the number of lives we save each year ... But we can still only find lifesaving matches for half of patients ... Many donors tell us that donating some of their healthy stem cells and potentially saving a life is one of the most moving experiences they've ever had ... We simply couldn’t help save lives without committed donors like you ... Inspiring the next generation of lifesavers ... Could you encourage a young person to save a life? ...”.

Issue

The complainant challenged whether the mailing misleadingly exaggerated the likelihood of non-sibling bone marrow transplants saving lives.

CAP Code (Edition 11)

Response

Anthony Nolan Trust (ANT) gave details of the history of their organisation and of the different types of stem cell transplants. They said the mailing was sent only to people who were already on their donor register. Those recipients would have received information before joining the register and would therefore be fully aware that, if they joined the register, they might never be called on to donate and that there would be no guarantee that the recipient of any transplant would recover. ANT believed the mailing did not misleadingly suggest to the target audience that if they were a match, the recipient of the donation was guaranteed to make a full recovery or that lives could routinely be saved without potential complications or difficulties. They said the average consumer, and particularly those on the register, would be aware that such procedures were never routine or guaranteed to be successful. They believed the mailing would be understood by recipients to mean that for each additional person who could be persuaded to become a donor, an additional potential match, or “the hope of life”, would be provided for patients who would otherwise die. They said a matching donor could save a life and the claims in the mailing were entirely true, proportionate and substantiated. They were supported by medical opinion and the position of governments around the world.

ANT said the number of transplants, including from donors’ stem cells had increased dramatically over the past 30 years, which would not have happened if there was no evidence of survival or patient benefit. They said the procedure for haematopoietic stem cell transplantation (HSCT), which was the transplantation of stem cells derived from bone marrow or blood, was risky and there were many possible complications. Without a transplant, however, most of the recipients of the treatment, which was, generally, reserved for patients with life-threatening conditions who would not benefit from prolonged treatment or who were already resistant to chemotherapy, would die. ANT said for allogeneic transplants, which were mandatory for some patients and had to come from a person with the same tissue type, 70% of patients were currently dependent on donors who were not relatives.

Between 1980 and 2010 there had been a significant increase in the proportion of unrelated donors providing stem cells, and as family sizes decreased, the availability of sibling donors would also decrease and the proportion of unrelated donors would increase accordingly. They said the leading experts agreed that non-sibling transplants provided a highly effective treatment for children and adults who had high-risk leukaemia and other haematological disorders but did not have a sibling donor. If those patients were given the opportunity of a non-sibling transplant, they would have more than a fighting chance of survival. The latest results showed that non-sibling transplants had approximately the same success levels as transplants from sibling donors, which meant the chances of survival increased from virtually zero to around 54%, and the proportion of positive outcomes continued to increase. They said those who were in need but did not receive a transplant had very little chance of survival. ANT said no clinician would consider HCST if it decreased, rather than increased, patients’ chances of survival.

They said although increasing numbers of patients were undergoing allogeneic stem cell transplantations, there were still many for whom no match was found. They estimated that for every patient they matched through their register there was another they could not, which was why they wanted to encourage more people to join the register. They said the prognosis for HSCT transplant patients varied depending on the disease type, stage, stem cell source, the matching status and conditioning regimen. A transplant, however, offered a chance for a cure, or for long-term remission, if certain complications were avoided. In recent years, survival rates had been gradually improving across almost all populations and sub-populations who received transplants. They submitted data related to survival rates and said allogeneic HSCT was a potentially curative procedure for many patients with haematological malignancies and some non-malignant diseases. Developments had also allowed the treatment to be extended to older, less fit and more heavily pre-treated patients. However, the procedure was still associated with significant mortality rates due to relapse or non-relapse causes; the latter were usually related to complications as a result of the transplantation procedure.

ANT said the estimation of overall survival and non-relapse mortality was of primary importance in assessing the risk/benefit ratio of HSCT and there were a number of mechanisms to predict transplantation tolerance and post-transplantation survival. They said the British Society of Blood and Bone Marrow Transplantation (BSBMT) estimated that in the UK, non-relapse mortality at five years after treatment was 31% for allogeneic transplants. In the past 30 years there had been a significant decrease in non-relapse mortality at one year, particularly in the case of allogeneic transplants. They also said overall survival rates between 1980 and 2010 had significantly increased. Median overall survival in that period for allogeneic transplants was three years and median progression free survival (the percentage of individuals in a group whose disease was likely to remain stable after a specified duration of time) was one year.

ANT said non-sibling transplants were usually undertaken when there was no matching sibling available. Patients therefore did not have a choice between sibling donor transplant or unrelated donor transplant, or no transplant. They said there was often a delay in finding a matching donor, due to the current size of the donor registry list, which could have a negative impact on the prognosis of the individual patient whereas that would not be the case for those who had quickly found a matched sibling donor. They said such treatment was often a ‘last chance’ for patients, who might also have become weaker by the time a match was found resulting in an increased likelihood of mortality through infection or complications. Those patients were not in the same position as a patient in relatively good health, for whom a clinician had recommended transplant at that stage of treatment or as a patient for whom a match was found quickly and whose doctor could choose an optimum time in the cycle of the condition to perform the transplant.

They said statistical outcomes for such disparate groups therefore could not be compared as though they were a single population. They said, for example, if transplants were refused to the patients whose prognosis was weakest, the statistical outcome would be an improvement in the rates of survival five years after the transplant. They said that might result in a better success level overall for the transplant procedure but would reduce accordingly the five-year survival rates to zero, or near to zero, for those who had therefore lost the option of transplant. They said the treatment was accepted and common in every Western country. It had increased rapidly since it was introduced and although it was traditionally reserved for patients with life-threatening conditions, based on clinical decisions, thousands of people were alive today due to the kindness of unrelated donors.

They said research had consistently shown that where a matched sibling was not available, a well-matched unrelated donor could and should be used. They said survival rates were higher for donations from siblings but were on average less than 10% better than those from unrelated donors. Some studies on specific diseases suggested that donations from well-matched unrelated donors gave better outcomes than those from siblings. ANT submitted details of those studies as well as a study comparing related and unrelated donor transplants in adults with acute myeloid leukaemia in first remission and a paper on 20 years of unrelated donor transplants facilitated by the National Marrow Donor Programme in America. They also submitted several other studies and the UK Stem Cell Strategic Forum report on the future of unrelated donor cell transplants in the UK, along with letters from the American Society for Blood and Marrow Transplantation (ASBMT) and the European Group for Blood and Marrow Transplantation (EBMT). They said for the past 35 years they had been the best chance for thousands of people who urgently needed stem cell transplants but knew that for every person they helped, there was another who missed the chance and they therefore aimed to expand their register.

Assessment

THIS ADJUDICATION REPLACES THAT PUBLISHED ON 24 NOVEMBER 2010. THE WORDING HAS CHANGED BUT THE DECISION TO 'NOT UPHOLD' THE COMPLAINT REMAINS.

Not upheld

The ASA noted the ad did not make clear that, although donor transplant procedures might benefit patients with life-threatening conditions, they were also subject to potential complications that could lead to death. We considered, however, readers were likely to understand donor transplant procedures might benefit patients with life-threatening conditions but that they were also potentially risky, subject to potential complications and, dependent on individual circumstances, would not guarantee the individual recipient’s life would be saved or prolonged. Although the ad included references to saving lives, such as “WE CAN DOUBLE THE NUMBER OF LIVES WE SAVE”, “BE A MATCH, SAVE A LIFE”, “Thank you so much for committing to save a life”, “We’ve set ourselves a huge target of doubling the number of lives we save each year ... But we can still only find lifesaving matches for half of patients” and “Could you encourage a young person to save a life? ...”, we noted it also included the conditional text " ... the hope of life", " ... potentially saving a life ... ” and “ ... help save lives ... ” and referred more generally to finding matches. We considered, in the context of the subject of donor transplants, the overall impression the ad created was a suggestion that donation was likely to result in overall benefit, in terms of success rates, for transplant recipients for whom it was recommended.

We noted that evidence submitted by ANT suggested some patients who had received allogeneic donations survived and that survival rates had improved for some non-related donor transplants. We noted one study they submitted related specifically to 25 patients with multiple myeloma or plasma cell leukaemia. The patients had, however, received transplants from sibling donors, rather than unrelated donors, and we therefore considered it was not directly relevant to the claims in the ad. We also noted one study, which related specifically to acute myeloid leukaemia in first remission, stated there was uncertainty about the benefit of unrelated donor transplants and, that previous studies had indicated that non-relapse mortality could negate any net benefits of such transplants. The study itself observed that the long-term survival outcome for patients receiving transplants for matched or nearly-matched unrelated donors was nearly as good as for patients for whom an HLA (human leukocyte antigen)-identical related donor was available. We noted the study was, however, limited by its non-randomised nature, by the number of participants and, in the context of the general claims in the ad, by being specific to a particular type of disease.

We also noted, however, other evidence ANT submitted, in particular the UK Stem Cell Strategic Forum report, indicated that some patients who had received allogeneic donations survived and that survival rates had improved. It stated that HSCT was a life-saving therapy. ANT were represented on the UK Stem Cell Strategic Forum, which was set up at the request of the Minister of State for Public Health and was asked to report its findings to UK Health Ministers, but that various other bodies were also represented, including, for example, the Department of Health and patients. The report stated that over 40 scientists, clinicians, economists and patient representatives were involved and we therefore considered the findings of the Forum were sufficiently independent of ANT’s own position. We noted that such transplant procedures remained a developing field, that there continued to be some debate about its suitability for certain categories of patients and that it was acknowledged that a more consistent approach should be developed in relation to data collection on patient outcomes. We noted it would not be possible to show for certain whether individual patients who had undergone the procedure would have experienced a similar lifespan if they had not had a transplant. Each patient would, however, be assessed by medical professionals to determine whether the procedure was appropriate for them before any transplant took place.

We noted the UK Stem Cell Strategic Forum Report stated that it was generally accepted medical opinion that non-sibling donor transplants were life-saving for certain high-risk patients who were likely to die if they did not receive a transplant. For those patients, the survival rate was currently approximately 54% one year after an unrelated donor transplant, and the report stated that the procedure should therefore be used in those instances. It also stated that current trends suggested that over 200 of the 400 UK patients who were denied a transplant annually, for resource-related reasons, could survive if a donor was available. Given that, and given that recipients of the mailing were likely to interpret the ad as suggesting that a donation would not guarantee a life being saved, we concluded that the ad did not misleadingly exaggerate the likelihood of the transplants saving lives.

We investigated the ad under CAP Code (Edition 11) clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

Action

No further action necessary.

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