Novo Nordisk meeting sponsorship criticised as ‘Christmas meal’ impression: breaches of Clauses 15.2 and 19.1 (AUTH/2470/1/12)

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Key facts

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Case	AUTH/2470/1/12
Parties	Anonymous complainant v Novo Nordisk
Issue	Arrangements for a meeting (restaurant event perceived as Christmas social meal)
Applicable Code year	2011
Event timing	15 December 2011 (mid-December 2011)
Venue	Local restaurant; meeting area without a door (privacy questioned)
Attendees	26 attended (30 meal choices submitted; 4 paid for non-attendees); included clinicians, nurses, administrative staff; one GP with special interest in diabetes
Costs	Total £953.15 (food & drinks); Novo Nordisk paid £450; cost per head incl drinks £32.81; bill paid 10.42pm
Key evidence	Email invitation titled “Christmas at [named restaurant]” referencing “Xmas meal” and “The meal… late”; limited written correspondence; no sponsorship declaration on materials
Panel decision	Breach Clauses 19.1, 15.2, and 2 (Clause 2 later appealed)
Appeal outcome	Clause 19.1 breach upheld; Clause 2 overturned (No breach); Clause 15.2 not appealed
Sanctions	Undertaking received; additional sanctions not stated
Complaint received	3 January 2012
Case completed	15 May 2012

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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, non-contactable health professional alleged Novo Nordisk (and Sanofi) paid for what was “clearly a Christmas party” for a local diabetes team (clinicians, nurses and administrative staff) in mid-December 2011 at a restaurant.
The event was organised by the clinical lead consultant with company representatives; the complainant said the “supposed agenda did not materialise”, there was a partition to separate representative stands, and a representative from another company arrived then left.
Novo Nordisk said it was an evening hospital departmental meeting to launch an inpatient diabetes service and discuss future plans; two local consultants presented and discussion continued over dinner.
Key documentary issue: only a brief email exchange existed. The invitation email subject line was “FW: Christmas at [named restaurant] 15th of December” and referred to an “Xmas meal” and “The meal: 07.30 – late”, creating a strong social impression.
The representative reminded the organiser about needing a private room and 1½ hours of presentation/discussion to comply with the Code, and stated wine/beer/soft drinks could be paid for in moderation (spirits individually).
The agenda (as provided) showed a 7pm start, two short presentations (20 mins and 15 mins) and Q&A ending 7.50pm; Novo Nordisk said IT delays meant it started 7.20pm and finished 8.40pm with discussion over dinner.
Venue/privacy concerns: the “meeting room” did not have a door; a Boehringer Ingelheim representative reportedly left due to this. Novo Nordisk said the area was private and not visible/audible from public areas.
Costs: total food and drinks £953.15 split between Novo Nordisk (£450) and Sanofi (£503.15). Cost per head (including drinks) £32.81; bill paid at 10.42pm. Four meals were paid for non-attendees.
No meeting materials before the Panel contained a declaration of Novo Nordisk’s sponsorship.

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Outcome

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Breach of Clause 19.1 (Meetings and hospitality) ruled by the Panel and upheld on appeal.
Breach of Clause 15.2 (High standards) ruled by the Panel (not appealed).
Clause 2 (Discredit) was ruled breached by the Panel but overturned on appeal: No breach of Clause 2 on balance in light of the educational content.
Clause 9.1 allegation was considered covered by the ruling under Clause 15.2.

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