The National Advertising Division (NAD) has sided with Genomic Health in a challenge the Exact Sciences subsidiary brought against fellow cancer diagnostics maker Agendia.
Genomic and Agendia have long competed in the realm of genomic testing for early-stage breast cancer, with their respective Oncotype DX Breast Recurrence Score and MammaPrint offerings.
In its complaint to the NAD, Genomic took issue with LinkedIn posts from Agendia that linked to articles in which a “prominent surgical oncologist” praised the MammaPrint test over Oncotype DX, including claims that Oncotype DX is less accurate than MammaPrint both in general and in Black women in particular.
Genomic argued that even though those specific endorsements were not paid, Agendia does have a “close relationship” with the doctor—in the form of co-authored research and a role as a site principal investigator in an Agendia study, the latter of which earns her “modest compensation” from the company—that should’ve been disclosed in the social media posts.
The U.S. self-regulatory marketing authority ultimately agreed with Genomic, issuing a recommendation this week for Agendia to “clearly and conspicuously” disclose its existing relationship with the doctor in posts where she touts the MammaPrint test.
“NAD found that, given the context of the posts and the nature of the doctor’s relationship to Agendia, the LinkedIn posts may reach a general audience, including potential patients,” it wrote in the decision. “NAD also noted that the posts prominently feature the doctor’s credentials and support of Agendia’s test, and while she is not a paid endorser, Agendia amplified her statements on its social media, associating the company with her positive endorsements.”
In a statement sent to Fierce Pharma Marketing, Agendia said it “respectfully disagrees” with the NAD’s findings, but that it has nevertheless enacted the body’s recommendations.
“We believe these findings overlook the scientific integrity and transparency that guide our communications. Our position is supported by real-world clinical evidence, including data from the ongoing FLEX study, which reflects our commitment to improving outcomes and advancing equitable, evidence-based treatment for women with early-stage breast cancer,” the company said.
“The surgical oncologist featured is an international thought leader in the field of breast cancer treatment, and one of more than 100 principal investigators on the FLEX study,” the statement continued. “They received no personal financial incentives for their participation or statements, and their endorsement is independent and research-based.”
This isn’t the first time that Genomic has gotten the NAD involved in its rivalry with Agendia. Last year, it brought another marketing challenge focusing on comparisons of accuracy between the companies' tests when they are used to diagnose Black patients.
In that instance, Genomic pointed to claims that appeared in sponsored ad content and social media posts, as well as on Agendia’s website. One postcard sent to healthcare professionals, for example, touted Agendia’s tests as the only ones able to identify certain tumors in Black women and stated that the “Oncotype DX Breast RS test has lower prognostic accuracy in Black women.” In a list comparing their tests’ attributes, Agendia’s offerings were said to offer “equal care for all,” while that box was left unchecked for Genomic’s diagnostic.
In its decision, the NAD once again largely sided with Genomic, determining that claims of Onctoype DX’s racial bias and the implied message that Genomic doesn’t want equal care for all patients were unsupported by evidence. The watchdog therefore recommended that Agendia “either discontinue these claims or modify its advertising to avoid conveying the falsely disparaging messages.”
Editor's note: This story was updated Aug. 18 with a statement from Agendia.