AUTH/3763/4/23 - Complainants v Novo Nordisk

Allegation about transfers of value and activities

Case Summary

This case was in relation to transfers of value and activities relating to a training provider and a pharmacy services provider.

There was a complainant appeal of four of the Panel’s rulings of no breaches of the Code in relation to the allegation that Novo Nordisk promoted Wegovy to the general public via the pharmacy services provider.

The outcome under the 2019 and 2021 Code was:

Breach of Clause 9.1 (2019 Code)

Failing to maintain high standards

Breach of Clause 24.4 (2019 Code)

Failing to make disclosures annually in respect of each calendar year in the first six months after the end of the calendar year in which the transfers of value were made

Breach of Clause 5.1 (x2)(2021 Code) [1x Panel no breach ruling overturned at appeal]

Failing to maintain high standards

Breach of Clause 5.5 (2021 Code)

Failing to be sufficiently clear as to the company’s role

Breach of Clause 28.1 (2021 Code)

Failing to document and publicly disclose annually certain transfers of value made directly or indirectly to health professionals, other relevant decision makers and healthcare organisations

Breach of Clause 31.1 (x2)(2021 Code)

Failing to make disclosures annually in respect of each calendar year in the first six months after the end of the calendar year in which the transfers of value were made

 

No Breach of Clause 19.2 (2019 Code)

Requirements relating to the provision of medical and educational goods and services in the form of donations, grants and benefits in kind

No Breach of Clause 24.1 (2019 Code)

Requirement to document and publicly disclose annually certain transfers of value made directly or indirectly to health professionals, other relevant decision makers and healthcare organisations

No Breach of Clause 24.8 (2019 Code)

Requirement for a transfer of value made to an individual health professional or other relevant decision maker indirectly via a healthcare organisation to be disclosed once only, preferably as  a transfer to the individual concerned

No Breach of Clause 24.9 (2019 Code)

Requirement for transfers of value to be disclosed on an aggregate basis where recipients of such transfers cannot be identified for legal reasons

No Breach of Clause 5.1 (x2)(2021 Code) [1x Panel no breach ruling upheld at appeal]

Requirement to maintain high standards

No Breach of Clause 10.9 (2021 Code)

Requirement to disclose when events/meetings are sponsored by pharmaceutical companies

No Breach of Clause 12.1 (2021 Code) [Panel no breach ruling upheld at appeal]

Requirement to include prescribing information

No Breach of Clause 26.1 (2021 Code) [Panel no breach ruling upheld at appeal]

Requirement to not advertise prescription only medicines to the public

No Breach of Clause 28.1 (2021 Code)

Requirement to publicly disclose certain transfers of value made directly to healthcare organisations located in Europe

No Breach of Clause 28.4 (2021 Code)

Requirement for a transfer of value made to an individual health professional or other relevant decision maker indirectly via a healthcare organisation, to be disclosed once only, preferably as being a transfer to the individual concerned

No Breach of Clause 28.5 (2021 Code)

Requirement for transfers of value to be disclosed on an aggregate basis where recipients of such transfers cannot be identified for legal reasons


This summary is not intended to be read in isolation.
For full details, please see the full case report below.