AUTH/2158/8/08: Pharmacist v Sanofi-Aventis (Acomplia reply-paid card fulfilment) – No breach | PMCPA Case

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Key facts

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Case number	AUTH/2158/8/08
Complainant	Pharmacist practitioner
Company	Sanofi-Aventis
Medicine	Acomplia (rimonabant)
Issue	Alleged failure to respond to a reply-paid card request for clinical papers and items (laptop case, USB stick, laser pointer)
Applicable Code year	2008
Clause(s) considered	Clause 9.1
Panel decision	No breach of Clause 9.1
Appeal	Appeal by the complainant; unsuccessful
Complaint received	06 August 2008
Case completed	13 November 2008
Sanctions	None stated

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

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A pharmacist practitioner complained that after returning a reply-paid card for Acomplia (rimonabant), no requested items were delivered after about four weeks.
The card (sent after NICE guidance) offered copies of four rimonabant clinical studies and items described as useful to the practice (a laptop case, a USB stick and a laser pointer).
The complainant indicated on the card that he did not want to see a representative.
Sanofi-Aventis said it had no record of receiving a reply-paid card from the complainant (though it had a record of one returned from a GP at the same practice).
Sanofi-Aventis described its fulfilment process: cards returned to an agency, forwarded weekly to representatives; representatives ordered requested materials monthly; typical end-to-end timeframe was 8–12 weeks.
The Panel accepted Sanofi-Aventis’ position that the complainant’s card was not received and was assumed lost in the post.
The complainant appealed, disputing the “lost in the post” explanation and arguing the company should have rectified the situation.

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