AUTH/1850/6/06: Media/Director v Novartis — Disclosure of patient group involvement (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/1850/6/06
Parties	Media/Director v Novartis Pharmaceuticals UK Ltd
Issue	Alleged delay in disclosure of patient groups funded; interpretation of timing under Clause 20.3 supplementary information
Source of complaint	Financial Times article (20 June 2006); treated as a complaint under the Code
Applicable Code year	2006
Clauses considered	Clause 20.3
Decision	No breach
Proceedings commenced	20 June 2006
Case completed	22 August 2006
Appeal	No appeal
Sanctions	None stated

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

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A Financial Times article (20 June 2006) claimed two pharma companies (including Novartis) were delaying disclosure of patient groups they funded for up to 18 months after a new Code requirement.
The criticism was treated as a complaint under the ABPI Code.
The Authority asked Novartis to respond in relation to Clause 20.3 and its supplementary information on transparency with patient organisations.
Novartis argued the Code allowed disclosure either on a website (kept up to date) or in an annual report (necessarily retrospective), and it intended to disclose comprehensively via its annual report.
The Panel interpreted the timing expectations differently depending on the disclosure route chosen (website vs annual report), including how transitional provisions applied.

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No breach of the Code was ruled.
No breach of Clause 20.3 was ruled because Novartis was entitled to defer disclosure until publication of an annual report covering a period commencing on 1 January 2006.
The Panel nevertheless emphasised that companies must comply with both the spirit and the letter of the Code and should be able to provide up-to-date information on request even if they publish retrospectively in annual reports.

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