AUTH/2453/11/11: Anonymous v Chugai — alleged ‘pay offs’ to consultants (Granocyte) — No breach | PMCPA Case

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Key facts

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Case number	AUTH/2453/11/11
Complainant	Anonymous (non-contactable)
Company	Chugai Pharma UK Ltd
Product	Granocyte (lenograstim, G-CSF)
Issue	Alleged representative boasting of “pay offs” to consultants and manager awareness/bonus implications
Complaint received	04 November 2011
Case completed	28 November 2011
Applicable Code year	2011
Clauses considered	2, 9.1, 15.2 and 18.1
Panel decision	No breach of the Code
Key evidence referenced	Chugai review of 3 years’ financial records showed three payments totalling £523.60 (two speaker services; one educational grant); expense claims/diary entries indicated the representative had not attended meetings in the named town as alleged
Appeal	No appeal

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

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An anonymous, non-contactable complainant alleged they overheard a Chugai Pharma UK Ltd representative boasting that local Granocyte (lenograstim, G-CSF) business was “wrapped up” due to “pay offs” (low five-figure sum) to local consultants, allegedly “going on for years”.
The complainant further alleged the representative said their manager knew about it and they were “laughing all the way to the bank” in terms of bonus.
The PMCPA asked Chugai to consider Clauses 2, 9.1, 15.2 and 18.1 of the Code.
Chugai investigated: interviewed the representative and manager; reviewed expense claims and diary entries; and conducted a review of financial records for the prior three years for payments to consultants in the territory.
Chugai stated G-CSF products were contracted by NHS tender led by procurement pharmacists, with local consultants having little/no involvement.

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No breach of the Code was ruled.
The Panel found no evidence that any gift, benefit in kind or pecuniary advantage had been given or offered as an inducement regarding Granocyte.
The Panel found no evidence the representative failed to maintain a high standard of ethical conduct.

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