AUTH/2219/3/09: Anonymous GP v Boehringer Ingelheim – conduct of representative (no breach) | PMCPA Case

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Key facts

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Case number	AUTH/2219/3/09
Parties	Anonymous general practitioner v Boehringer Ingelheim Limited
Issue	Conduct of representative; alleged misleading request for a letter said to be for market research but used in a disciplinary defence
Applicable Code year	2008
Complaint received	19 March 2009
Case completed	12 May 2009
Appeal	No appeal
Clauses considered	2, 9.1, 12.2 and 15.2
Outcome	No breach
Representative status	Left the company before the internal investigation was completed (as stated in the case report)
Company position on “market research”	Stated there was no market research

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

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An anonymous, non-contactable general practitioner complained about the conduct of a Boehringer Ingelheim representative.
The GP said he was led to believe the company was conducting market research and was asked to provide written evidence that he had seen the representative.
The GP later learned (via another company’s representative) that the letter was being used as part of the representative’s defence in a disciplinary procedure.
Boehringer Ingelheim said there was no market research and that the representative contacted doctors during a period of sick leave, without company authorisation or knowledge.
The representative had been suspended and under investigation for concerns regarding communication with doctors, and later left the company before the internal investigation was completed.

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No breach of the Code was ruled.
The Panel noted companies are responsible for representatives’ conduct even if they act outside instructions, including while on sick leave.
The Panel had concerns (including that the representative appeared to have contacted doctors while on sick leave), but found there was insufficient evidence to prove inappropriate behaviour on the balance of probabilities.

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