Janssen-Cilag: free stethoscope offered to GPs deemed compliant on cost and perceived value (AUTH/1879/7/06)

📅 2006 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/1879/7/06
PartiesParagraph 17/Director v Janssen-Cilag
IssueCost and perceived value of a stethoscope offered as a promotional aid to GPs
Product/materialTramacet e-detail aid (invitation to claim a free stethoscope)
Applicable Code year2006
Clause(s) considered/listed18.1
Panel decisionNo breach
Stethoscope cost to company£2.20 each excluding VAT (including artwork) (company stated £2.16)
Proceedings commenced11 August 2006
Case completed5 September 2006
AppealNo appeal

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

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What happened

  • During consideration of a separate case (AUTH/1868/7/06), the Panel noticed an invitation for GPs to claim a free stethoscope as part of a Tramacet e-detail aid.
  • The Panel queried whether the stethoscope met the supplementary information requirements for promotional aids: cost to the company no more than £6 (ex VAT) and similar perceived value to the recipient.
  • The matter was taken up by the Authority as a complaint under Paragraph 17 (Director) and Janssen-Cilag was asked to respond in relation to Clause 18.1.
  • Janssen-Cilag stated the stethoscope was relevant to GPs’ work and inexpensive (reported cost to the company: £2.16; Panel noted £2.20, ex VAT, including artwork).
  • Janssen-Cilag argued perceived value was also low because the image suggested it was not high quality, and inexpensive stethoscopes were readily available online.
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Outcome

  • No breach of the Code was ruled.
  • No breach of Clause 18.1 was ruled.
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