Sanofi Pasteur MSD: Gardasil scrutiny after Guardian articles—journalist payments and sponsorship disclosure (AUTH/1980/3/07, AUTH/1983/3/07)

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Key facts

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Case numbers	AUTH/1980/3/07; AUTH/1983/3/07
Complainants	PMCPA Director (media criticism); Anonymous complainant
Company	Sanofi Pasteur MSD
Product	Gardasil (HPV vaccine)
Trigger	Guardian articles published 26 March 2007 criticising promotion and a Paris summit
Key activities reviewed	Advisory board invitation/honorarium; frequency of contact; Paris summit invitations/hospitality; UK journalist breakfast briefing; payments to freelance journalists
Applicable Code year	2006
Breach clauses	9.1, 19.1, 19.3
No breach clauses	7.2, 12.2, 18.1, 20.3 (and Clause 2 not breached)
Sanctions	Undertaking received; Additional sanctions not stated
Appeal	No appeal
Case timeline	AUTH/1980/3/07 proceedings commenced 28 March 2007; AUTH/1983/3/07 complaint received 29 March 2007; both completed 28 June 2007

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

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Two Guardian articles (26 March 2007) criticised promotion of Gardasil (HPV vaccine) and Sanofi Pasteur MSD’s activities, including alleged “battering ram” tactics and a Paris cervical cancer summit.
The PMCPA Director took up the criticisms as a complaint (AUTH/1980/3/07); an anonymous complainant raised similar concerns (AUTH/1983/3/07).
Issues considered included: an invitation to a public health expert to join an advisory board (honorarium offered), frequency/volume of contact by company personnel, and arrangements for UK delegates at a Paris meeting (including a UK journalist breakfast briefing).
For the Paris meeting, UK journalists received a certified invitation; UK health professionals and others were invited using an uncertified version where sponsorship appeared only at the end as a postscript.
UK freelance journalists were paid 1.5 times their daily rate to attend the Paris meeting.

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No breach of Clauses 7.2, 12.2, 18.1, 20.3 (and no breach of Clauses 2 and 9.1 in relation to the advisory board invitation and the volume/frequency of contact).
Breach of Clause 19.3 (sponsorship not declared at the outset on the invitation used for UK health professionals and others).
Breach of Clause 19.1 (inappropriate payments to freelance journalists who were simply delegates, not undertaking a specific piece of work).
Breach of Clause 9.1 (high standards not maintained, linked to the inappropriate journalist payments).
No breach of Clause 2 (Panel did not consider the circumstances warranted particular censure).
All rulings applied to both cases.

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Considered: Clauses 7.2, 12.2, 18.1, 19.1, 19.3, 20.3 and, in addition, Clauses 2 and 9.1 (in relation to each matter and cumulatively).
No breach: Clauses 7.2, 12.2, 18.1, 20.3 and Clause 2 (in relation to each matter and cumulatively, as ruled), and Clause 9.1 (for the advisory board/contact matters).
Breach: Clauses 9.1, 19.1 and 19.3.

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