AUTH/2031/8/07: Formulary manager v AstraZeneca (Crestor) – conduct of a representative (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/2031/8/07
Complainant	Formulary manager at a hospital NHS Trust
Company	AstraZeneca
Medicine	Crestor (rosuvastatin)
Main issue	Alleged inappropriate conduct by a representative following D&TC rejection; discussion/promotion and handling of formulary decision
Applicable Code year	2006
Clauses considered	15.2 and 15.4
PMCPA outcome	No breach
Complaint received	02 August 2007
Case completed	24 October 2007
Appeal	No appeal

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

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A hospital NHS Trust formulary manager complained about an AstraZeneca representative’s conduct promoting Crestor (rosuvastatin).
Crestor had been rejected by the Trust’s Drug & Therapeutics Committee (D&TC) in February 2007.
The complainant alleged the representative did not check the D&TC decision with pharmacy and instead discussed Crestor’s benefits with key consultants, circulating views and continuing promotion.
In August 2007, when the representative contacted the complainant, she allegedly queried the decision and argued the product’s merits; the complainant felt insufficient sensitivity/respect was shown for the local decision.
The representative was asked not to visit the Trust and to contact the PCT chief pharmacist if she wished to discuss Crestor with local GPs.
AstraZeneca stated the representative had tried to make an appointment with pharmacy but was turned away at reception; the Trust had no formal policy for seeing representatives.
There was confusion about formulary status: the representative appeared to have been told by a chief cardiologist in February that Crestor was on the formulary and in May that it was no longer on the formulary.
AstraZeneca acknowledged the representative accepted she was “challenging and facetious” during the August conversation (as per AstraZeneca’s submission).

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No breach of the Code was found.
The Panel ruled there was no breach of Clauses 15.2 and 15.4.
The Panel considered it was not necessarily a breach to promote a product that was not on the formulary, and found insufficient evidence (on the balance of probabilities) to support the allegation that the representative had not visited pharmacy to find out the decision.

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