MSD rep’s Chinese restaurant meeting: unclear educational content and unsuitable venue led to Clause 2 breach

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Key facts

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Case	AUTH/1827/4/06
Parties	Anonymous v Merck Sharp & Dohme Limited
Issue	Meeting at a Chinese restaurant; concerns about hospitality, presence of spouses/non-HCPs, lack of clear educational content, and unsuitable public venue
Complaint received	17 April 2006
Case completed	14 May 2006
Applicable Code year	2003
Breach clauses	Clause 2, Clause 9.1, Clause 19.1
Sanctions	Undertaking received; Advertisement
Spend cited	£253.70 (meal and drinks)
Attendees (company account)	Nine local GPs and a pharmacist (plus representative); two wives attended the restaurant (not health professionals)
Appeal	No appeal

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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An anonymous complainant submitted photographs alleging a Merck Sharp & Dohme (MSD) representative entertained doctors and their wives at a Chinese restaurant.
It was alleged that many partners had no affiliation to the medical profession and that the meeting was held in public with no medical educational content.
MSD said the meeting was organised by a representative and attended by nine local GPs and a pharmacist; total cost (meal and drinks) was £253.70.
MSD stated two wives (not health professionals) attended the restaurant but were told they could not attend the medical meeting and MSD could not pay for them; MSD said they sat at a separate table and paid their own costs.
The Panel queried this account because the photographs showed at least four different women around the same table as everyone else.
There was no written invitation, no agenda and little other information to evidence the educational content.
The meeting took place on a Friday night in a public part of the restaurant where members of the public were present; the Panel considered the venue unsuitable.

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Breach ruled of Clause 9.1 (as acknowledged by MSD).
Breach ruled of Clause 19.1 (as acknowledged by MSD).
Breach ruled of Clause 2 (Panel found the arrangements brought discredit upon the industry).
No appeal.

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