AUTH/2476/2/12: Anonymous v Allergan (conduct of employees at IMCAS/Merz symposium) – No breach | PMCPA Case

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Key facts

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Case number	AUTH/2476/2/12
Parties	Anonymous (non-contactable) v Allergan Ltd
Issue	Alleged unprofessional conduct at Merz symposium (IMCAS, Paris): photographing/recording despite alleged prohibition; alleged boasting afterwards
Event/location	Merz symposium at IMCAS meeting, Paris (January 2012)
Complaint received	01 February 2012
Case completed	22 February 2012
Applicable Code year	2011
Clauses considered	2, 9.1, 15.2
Decision	No breach of the Code
Panel notes	Concern about lack of written brief/instructions on conduct for UK-based employees attending on behalf of the company; insufficient evidence to prove failure to maintain high standards
Appeal	No appeal

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

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Anonymous, non-contactable complainants alleged two Allergan employees were “thrown out” of a Merz symposium at IMCAS (Paris, Jan 2012) for repeatedly taking photographs and recording despite signs and requests not to.
Complainants also alleged one employee later boasted and laughed about the incident in a hotel foyer.
Allergan said the two employees attended for educational/CPD purposes (not sales representatives) and did take photographs during the symposium.
Allergan stated neither employee was aware of any sign or chairman statement prohibiting photographs; other delegates were also taking photos.
Meeting staff asked the employees to delete photos; both complied and left. Allergan later found one photograph had been missed and not deleted (a copy was provided).
Allergan denied any audio/video recording was made and both employees denied discussing the matter in the hotel lobby.
Allergan noted one employee photographed “off-label” information being presented about Bocouture (Merz toxin) and said this would be taken up with the relevant regulatory body in France.
The Panel noted there was no written brief/instructions on conduct for UK-based Allergan employees attending a meeting on behalf of the company.

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