01Why a "pyramid" matters
Treating five regulations as a flat "checklist" doesn't work in the field. Three reasons:
- The size of breach risk differs: statutory breach is criminal; internal SOP breach is in-house. Same "violation", orders of magnitude apart
- Scope differs: statute covers all industry; internal SOPs only your company
- Persuasive weight of the citation differs: "based on the Pharmaceutical Act" is a strong explanation; "based on internal SOP" is weaker. The "card" you draw when making a finding carries different weight
Ignore these and the "serious finding" and the "light finding" blur together — making dialogue with the field (MRs, developers) impossible. Hence the pyramid: a structure where higher = larger breach risk.
Important: the pyramid does NOT mean "upper layers must be upheld, lower ones can be ignored." All layers must be upheld as the base assumption. The layering provides priority when multiple findings appear simultaneously, and a basis for explaining how large the consequence becomes if a finding goes uncorrected.
02The 5-tier pyramid
Under the assumption that all must be upheld, higher = greater risk on breach.
Pharmaceutical Act
Advertising Appropriateness Standards
Sales-Information-Provision Guideline
JPMA Code
Internal SOPs
The "risk on breach" by layer, in table form:
| Level | Regulation | Risk on breach |
|---|---|---|
| Level 1 | Pharmaceutical Act | Criminal penalty / administrative action / approval revocation |
| Level 2 | Appropriateness Standards | Administrative guidance / correction order / disclosure |
| Level 3 | HanteiG | Business-suspension order / mandatory report to management |
| Level 4 | JPMA Code | Industry expulsion / breach disclosure / trust collapse |
| Level 5 | Internal SOPs | Sanctions per each company's own standards |
03Three thinking processes for judgment
Holding the pyramid in your head, how do you judge the one case in front of you? Run three thinking processes in order.
Process A — Top-down scan (5 seconds)
On first read, in the first 5 seconds, scan for obvious Level 1 (Pharmaceutical Act) issues:
- Pre-approval drug name appearing? (§68)
- Efficacy claims clearly exceeding the approved scope? (§66)
- Recommending unapproved usage? (§66)
If a red signal fires, set other discussions aside. Burn down the "layer with the largest consequence on breach" first ── that is the leverage of pyramid thinking.
Process B — Severity within the same layer
Once Level 1 is cleared, look at Level 2 (Advertising Appropriateness Standards). Even within the same layer, separate "clear prohibitions" from "expressions that leave interpretive room."
- "Best", "only", "100%" — clear prohibitions (immediate NO)
- "Superior effect", "improvement expected" — judged via context and precedent
Process C — Use lower layers as the "alternative" drawer
When you issue NO at a higher level, use lower levels (internal SOPs) as the basis for "this far is OK". This implements the "always offer an alternative after NO" approach from Vol. 1.
Example: "A claim of '100% efficacy' is NG under the Pharmaceutical Act (clear prohibition at Level 2). The internal SOP states 'quoting values from the package insert is OK' (alternative grounded at Level 5). So rewrite it to cite the efficacy rate from the package insert." This is the essence of review — "stop at the top, open at the bottom."
04Pattern classification — a logic tree
Findings that look infinitely varied fall into 4 patterns. As a logic tree:
package-insert scope?
Scope exceedance
Efficacy not in PI, off-label use, beyond approved patient range. Concentrated in Level 1-2.
than reality?
Exaggerated expression
"Strongest", "only", "definitely" guarantees, excessive headlines, charts emphasizing improvement. Core of Level 2.
information shown?
Missing balance
Efficacy emphasized, AEs understated, selective citation, only good subgroups shown. Core of Level 3.
scene or medium?
Context problem
HCP content to consumers, what shouldn't be said at a lecture, what shouldn't spread on SNS. Spans Level 3-5.
Most real cases combine multiple patterns. When pointing out: "This is Pattern B (exaggeration) + Pattern C (balance) overlapping". The correction direction becomes much clearer.
05When the pyramid wobbles — edge cases
The pyramid is tidy, but in reality there are moments when the pyramid wobbles. This is where newcomers struggle most.
- When lower is stricter than higher: internal SOPs stricter than statute. Internal SOP wins — internal standards protect reputation by going beyond the floor, which is rational
- When regulations conflict: translated foreign material where US approval differs from JP approval. The JP pyramid wins for material released in Japan
- When new media is undefined: SNS, podcasts. Where the pyramid hasn't caught up, fill the gap with Level 4 "spirit of self-regulation" + Level 5 "internal SOP"
06What a veteran's head actually does
Combining everything, the thinking of a veteran reviewer for one material proceeds, in parallel, on this timeline:
Process ATop-down scan
Check for obvious Level 1 (Pharmaceutical Act) red signals at top speed. Pre-approval advertising, efficacy out of scope, off-label recommendation ── if red here, others can wait.
Logic treePattern classification (A–D)
Apply the 4 patterns ── scope exceedance / exaggeration / missing balance / context. Most cases are combinations, so apply multiple tags.
Layer IDIdentify which pyramid layer each finding sits on
Is this a Level 1 issue or a Level 4 issue? Prepare the basis to explain "what happens if breached" to the field.
Process COffer alternatives
From lower layers (mainly internal SOPs and past cases), present "this far is OK". Don't end on NO; hand over a next step toward YES.
TaggingDocument verdict and basis
Tag along two axes: Level (1-5) × Pattern (A-D). Three years from now, this becomes self-study material for a newcomer.
That is what "running five overlapping nets in the head at once" from Vol. 1 contains. The nets are not checked sequentially but run in parallel inside the pyramid. A veteran judges one case in 5 minutes; a newcomer takes 30. The difference is "structured, or memorized as a list".
07Three habits for tomorrow
To land this in daily practice, three habits:
- State the level (1-5) when pointing out: say "this is a Level 2 finding". It organizes your own head and conveys the size of breach risk to the field
- Attach one or more patterns (A-D) to every NO: "Pattern B (exaggeration) — classic example." Reproducibility and educational effect both rise
- Tag your case archive by 5 levels × 4 patterns: a searchable format that becomes a learning resource for a newcomer 3 years from now
Whether you memorize five regulations as equal weight or structure them as a pyramid layered by breach risk — the amount of knowledge looks the same. But judgment speed, explanatory power, educational effect, ease of succession — all change by orders of magnitude.
The frame here is simple and usable from tomorrow. Whether you actually reflect it into daily judgments is what divides the skilled three years from now. Newcomer or veteran — try drawing your own "regulatory map in your head" on paper, once.
Next time: how to judge "efficacy claims within the approved scope" inside this pyramid, with concrete examples.