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PMCPA Case

AUTH/2210/3/09: Anonymous complaint about AstraZeneca representative’s business interests and hospitality – no breach

📅 2009 | 🖉 Dr Anzal Qurbain
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Key facts

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Case numberAUTH/2210/3/09
Case referenceAnonymous v AstraZeneca
ComplainantAnonymous and uncontactable general practitioner
Respondent/companyAstraZeneca UK Limited
Product(s)Not stated
Material/channelConduct of representative; external meetings at venues part owned by the representative; alleged free drinks and local sports team sponsorship; newspaper article and webpage transcript provided
Key issueAlleged conflict of interest and inappropriate hospitality/inducement linked to a representative’s ownership of venues and a supplies business
Dates (received/completed if stated)Complaint received 2 March 2009; case completed 27 March 2009
AppealNot stated
Code yearNot stated
Breaches/clausesNo breach of Clauses 2, 9.1 and 19.1 (Clause 15.2 was considered in the company response request; no Panel breach ruling stated in the provided text)
SanctionsNo explicit additional sanctions stated beyond the required undertaking/corrective actions described in the report

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

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What happened

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  • An anonymous, uncontactable general practitioner complained about the conduct of a named AstraZeneca representative.
  • The complainant alleged the representative owned and ran a popular local bar/restaurant frequented by medical professionals, with “open house” days and free drinks given to some colleagues.
  • The complainant alleged the representative sponsored a local health professionals’ sports team.
  • The complainant alleged the representative had set up a consumables/supplies company supplying local GP practices, raising a potential conflict of interest.
  • The complainant alleged it was rumoured the representative funded entertainment activities from running medical meetings at venues he owned, and questioned whether this was “corrupt”.
  • AstraZeneca investigated by interviewing the representative and multiple managers, searching meeting and finance databases, and scrutinising meeting and expense records.
  • AstraZeneca stated that from September 2004 to March 2009 it funded 129 meetings at a private members club (part owned by the representative) and 3 meetings at a bar/restaurant (also part owned by the representative), and reviewed these for compliance with its external meetings policy.
  • AstraZeneca stated it found no evidence of excessive hospitality, inducement to prescribe, spouses/family attending meetings, or the representative using AstraZeneca interactions to promote his other businesses (or vice versa).
  • AstraZeneca stated the representative had declared his commercial interests to the company in line with internal conflict of interest processes.
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Outcome

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  • The Panel noted the complainant was anonymous and non-contactable, with no details of specific meetings, making it difficult to determine precisely what occurred.
  • The Panel stated that a representative being part owner of venues where meetings with health professionals took place was not a breach of the Code per se; arrangements would have to comply with the Code.
  • The Panel noted the sports team sponsorship was done in the representative’s capacity as a local businessman, not as a medical representative, but expressed concern about the impression created and the perception of conflict of interest.
  • The Panel emphasised companies must be vigilant where representatives’ personal business interests involve dealing with health professionals, and should be mindful that distinctions between roles may not be clear to third parties.
  • The Panel ruled that the complainant had not provided evidence on the balance of probabilities that inappropriate meetings occurred or that the other activities were unacceptable under the Code.
  • No breach of Clauses 9.1, 19.1 and 2 was ruled.
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