AUTH/2174/10/08: Anonymous v Merck Serono — fertility nurse meeting hospitality and alleged off-label concerns (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/2174/10/08
Parties	Anonymous v Merck Serono
Allegation type	Alleged inappropriate hospitality; alleged biased sponsorship; suspected off-label selling
Meeting	INSIGHTS annual conference for fertility nurses (1–3 October 2008, Brighton)
Complaint received	13 October 2008
Case completed	10 November 2008
Applicable Code	2006 Code using the 2008 Constitution and Procedure
Clauses considered	2, 3.1, 15.9 and 19.1
Panel decision	No breach of the Code
Product referenced	Pergoveris
Appeal	No appeal

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

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An anonymous, uncontactable complainant raised concerns about Merck Serono’s sponsorship of an “INSIGHTS” annual conference for fertility nurses (1–3 October 2008, Brighton).
Allegation 1: an after-dinner speaker at the gala dinner was said to be entertainment rather than education (outside the spirit of the Code).
Allegation 2: most fully sponsored delegates were allegedly from centres that “exclusively” used Merck Serono’s fertility portfolio, with only a handful of self-payers from non-Merck Serono centres.
Allegation 3: suspicion that the sales team was being asked to sell Pergoveris outside its licensed indication.
The Authority asked Merck Serono to respond in relation to Clauses 2, 3.1, 15.9 and 19.1 (2006 Code, using the 2008 Constitution and Procedure).

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No breach of Clause 19.1 (after-dinner speaker/hospitality) — the Panel considered the talk educational and relevant, even if delivered in an amusing manner.
No breach of Clause 19.1 (delegate sponsorship) — no evidence that product usage influenced sponsorship decisions.
No breach of Clauses 3.1 and 15.9 (Pergoveris promotion/training) — materials were consistent with the SPC; no evidence of being asked to sell outside the licensed indication.
No breach of Clause 2 — given the above rulings, the Panel stated there could be no breach of Clause 2.
No appeal.

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