Merck Sharp & Dohme, Gilead Sciences Europe, Daiichi-Sankyo and Allergan have been named in advertisements for breaches of ABPI Code.

Merck Sharp & Dohme – Case AUTH/3236/8/19

For disclosing a transfer of value against an individual who had not received such a transfer for a second time, Merck Sharp & Dohme was ruled in breach of the following clauses of the Code:

Clause 2 -        Bringing discredit upon, and reducing confidence in, the pharmaceutical industry

Clause 7.2 -     Publishing inaccurate and misleading information

Clause 9.1 -     Failing to maintain high standards

Clause 24.1 -   Disclosing a transfer of value for an individual who had not received such a transfer

Gilead Sciences Europe – Case AUTH/3282/11/19

For continuing to use a claim for Biktarvy (bictegravir/emtricitabine/tenofovir) which had previously been ruled to be in breach of the Code, Gilead Sciences Europe was ruled in breach of the following clauses of the Code:

Clause 2 -         Bringing discredit upon, and reducing confidence in, the pharmaceutical industry

Clause 9.1 -     Failing to maintain high standards

Clause 29 -       Failing to comply with an undertaking

Allergan – Case AUTH/3291/12/19

For promoting Botox (botulinum toxin type A) to the public via corporate and personal Instagram accounts, Allergan was ruled in breach of the following clauses of the Code:

Clause 2 -        Bringing discredit upon, and reducing confidence in, the pharmaceutical industry

Clause 9.1 -     Failing to maintain high standards

Clause 26.1 -   Promoting a prescription only medicine to the public

Daiichi-Sankyo – Case AUTH/3285/12/19

For failing to have adequate processes in place to correctly disclose transfers of value in relation to support to health professionals to attend conferences in 2018, 2017 and 2016, Daiichi-Sankyo was ruled in breach of the following clauses of the Code:

Clause 2 -        Bringing discredit upon, and reducing confidence in, the pharmaceutical industry

Clause 9.1 -     Failing to maintain high standards

Clause 22.5 -   Failing to publicly disclose financial details of sponsorship of health professionals in relation to attendance at meetings

Clause 24.1 -   Failing to document and publicly disclose certain transfers of value to health professionals

Clause 24.4 -   Failing to disclose transfers of value annually within the first six months after the end of the calendar year in which the transfers of value were made

Clause 24.6 -   Failing to document all disclosures and retain the records for at least five years after the end of the    calendar year to which they relate

Clause 24.7 -   Failing to aggregate by category and have available itemised transfers of value to individual health professionals

Clause 24.9 -   Failing to disclose transfers of values on an aggregate basis when unable to disclose on an individual basis

In addition, the Code of Practice Appeal Board⁽²⁾ required Daiichi-Sankyo to be publicly reprimanded for its fundamental systemic failure to have adequate processes in place to correctly disclose transfers of value over a three-year period; the company was also required to be audited.