EU accepts Sanofi commitments in flu vaccine disparagement case
Sanofi commits to correcting misleading claims about a rival flu vaccine in France and Germany, with EU oversight continuing until 2030
The European Commission has accepted legally binding commitments from French pharmaceutical giant Sanofi to address concerns that it disparaged a rival influenza vaccine in France and Germany, potentially facing hefty fines if it fails to comply.
The decision follows an antitrust investigation launched in June into allegations that Sanofi spread misleading information about Fluad, a vaccine manufactured by competitor Seqirus, to promote its own product, Efluelda.
Catherine Feore
According to Ribera, Sanofi appeared to include "misleading messages to healthcare professionals in both France and Germany", questioning the scientific evidence supporting Fluad and misrepresenting national vaccination recommendations.
In a peace offering, Sanofi proposed commitments, including a corrective communication campaign and a pledge to refrain from similar conduct.
The Commission market-tested the proposals between early July and 21 August 2026 before accepting them.
"To its credit, Sanofi has engaged helpfully with the Commission since the beginning of our investigation," Ribera said, adding that its cooperation had helped achieve a resolution "in what I could call record time."
The commitments will remain in force until 2030, with Sanofi required to report to the Commission and a monitoring trustee within 30 working days after each influenza vaccination season (31 March).
Failure to comply could result in fines of up to 10% of Sanofi's worldwide annual turnover, or daily penalties of 5% of average daily turnover, without requiring a finding of an antitrust infringement.
"Today's decision ensures that they can choose their vaccine based on an impartial assessment of scientific evidence," Ribera said, referring to patients and healthcare professionals.
The decision also builds on previous pharmaceutical disparagement cases involving Vifor and Teva Copaxone. Ribera said the ruling would "provide additional guidance to the industry as to when communication concerning rival products may raise competition law concerns."