Anonymous v Pierre Fabre: representative emails about ‘oral chemotherapy clinics’ ruled non-promotional (no breach)

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Key facts

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Case number	AUTH/2452/11/11
Complainant	Anonymous and non contactable complainant
Company	Pierre Fabre Ltd
Issue	Alleged unsolicited promotional emails to NHS colleagues about setting up ‘oral chemotherapy’ clinics; consent/permission, certification and prescribing information questioned
Applicable Code year	2011
Clauses considered	4.1, 9.9 and 15.2
Panel finding	No breach of the Code
Key reasoning	Emails examined contained no direct or implied reference to Pierre Fabre products; therefore not promotional on the narrow ground alleged; permission under Clause 9.9 and prescribing information under Clause 4.1 not required
Notable Panel comment	Concern that the company’s criteria for determining whether representative emails were promotional were inadequate and lacking in detail; reminder to be mindful of the representative’s promotional role and impression on health professionals
Complaint received	3 November 2011
Case completed	26 January 2012
Appeal	No appeal

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

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An anonymous, non-contactable complainant alleged a Pierre Fabre representative sent unsolicited emails to NHS colleagues without consent.
The complainant said the emails (not provided) discussed and requested meetings to help set up ‘oral chemotherapy’ clinics in clinicians’ departments.
The complainant believed the emails were (or could be perceived as) promotional and noted no prescribing information was attached.
Questions were raised about whether the emails were certified and whether permission had been obtained to email oncology pharmacists.
Pierre Fabre investigated by printing and reviewing the representative’s email traffic from its central email server (621 emails reviewed) and provided the relevant email series to the Panel.

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No breach of the Code was found.
The Panel ruled the emails at issue were not promotional on the narrow ground alleged because there was no direct or implied reference to Pierre Fabre products.
Because the emails were not promotional, prior permission under Clause 9.9 was not required.
Because the emails were not promotional, prescribing information under Clause 4.1 was not required.
No evidence was found that the representative failed to maintain high standards under Clause 15.2.
Despite the no-breach rulings, the Panel expressed concern about the company’s approach to assessing whether representative emails were promotional, stating the criteria used were inadequate and lacked detail, and reminded the company to be mindful of the representative’s promotional role and the impression given to health professionals.

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