AUTH/3297/1/20 - Complainant v Britannia

Arrangements for a meeting

  • Received
    06 January 2020
  • Case number
    AUTH/3297/1/20
  • Applicable Code year
    2019
  • Completed
    14 September 2020
  • No breach Clause(s)
  • Breach Clause(s)
  • Sanctions applied
    Undertaking received
  • Additional sanctions
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  • Appeal
    No appeal

Case Summary

An individual, who was described as an ex pharmaceutical company employee, complained about Britannia’s arrangements for hospitality at the Movement Disorders Society (MDS) Congress, held in Nice in September 2019. Britannia marketed APO-Go (apomorphine for injection or infusion) for the treatment of patients with Parkinson's disease who were not sufficiently controlled by oral medication.

The complainant referred to an evening scientific meeting hosted by Britannia Pharmaceuticals on Sunday 22 September 2019. The coach transfers to the meeting venue included a number of delegates from a partner company who had not registered which meant many registered delegates could not get to the venue. The complainant alleged that two of the executives from the partner company brought their partners to the scientific meeting although neither were health professionals; the complainant did not know the professional status of a third partner. Various names were provided including that of a senior employee at Britannia who did not intervene. The complainant stated that promotion to the general public was a breach of the Code.

The complainant further alleged that on the evening of Tuesday 24 September, named delegates including from the partner organisation with their partners went to Monte Carlo with named Britannia employees. All of the Britannia staff staying at the hotel knew that they were going to the casino. Photographs on the evening were allegedly sent by one of the Britannia employees to other staff.

The detailed response from Britannia is given below.

The Panel noted that there were differences between the parties’ accounts.

The Panel noted Britannia’s submission that it did try to stop those who were not health professionals attending the symposium and dinner on 22 September but was unfortunately unsuccessful for one of them. Britannia accepted that a member of the public, had attended the meeting where Britannia’s medicine Apo-go was promoted. This meant that Britannia had promoted a prescription only medicine to the public. The Panel therefore ruled a breach of the Code as acknowledged by Britannia. It was not known whether the member of the public who attended the meeting had stayed for the dinner. It was unclear from Britannia’s response whether other spouses/partners had also gone to the meeting venue but had not attended the meeting or the dinner.

The Panel considered that by not ensuring that only health professionals attended the meeting and giving clear instructions that spouses/partners who did not qualify as delegates in their own right could not attend either the meeting or the dinner, Britannia had not maintained high standards. A breach of the Code was ruled.

The Panel was concerned that the company’s handling of the meeting and its processes gave a poor impression, the requirements of the Code were clear in relation to who could attend meetings and that subsistence should only be provided to those who were qualified to attend the meeting as delegates in their own right. It appeared from the email correspondence provided by Britannia that an external person connected to the event had invited guests. This email also listed ‘those docs I heard of coming are’ followed by a list which included five names and ‘+1’. The Panel considered that the presence of a member of the public at the meeting who also stayed for the meal would bring discredit on the industry. It was not clear what had happened at the event but the situation should never have arisen. The Panel noted its ruling above and considered that on balance the circumstances warranted a ruling of a breach of Clause 2 which was a sign of particular censure and reserved for such use. The Panel therefore ruled a breach of Clause 2 of the Code.

With regard to the evening on 24 September 2019, the Panel noted that the complainant had not provided detailed evidence to support the allegation. Companies needed to be mindful of the impression created by all activities. The Panel noted Britannia’s submission that the dinner at a hotel restaurant in Monte Carlo was an internal company event with Britannia staff and staff from the partner organisations attending; no health professionals had been invited or attended and therefore had not received any hospitality as alleged. The Panel therefore ruled no breaches of the Code including Clause 2.