AstraZeneca advisory board invitations: breach for unclear practice manager invitee selection (AUTH/2493/3/12)

📅 2012 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2493/3/12
ComplainantGeneral practitioner
CompanyAstraZeneca UK Limited
IssueFaxed invitations to advisory boards; concerns about selection of consultants and honoraria; unclear addressee for practice manager invitation
Meetings describedGP advisory board (26 March 2012) and practice manager advisory board (29 March 2012) – both cancelled
Honoraria mentionedGP: £300; Practice manager: £125 (agency suggested £150 would be more appropriate for confirmatory invite)
Applicable Code year2011
Complaint received22 March 2012 (HTML); 23 March 2012 (report text)
Case completed30 May 2012
AppealNo appeal
Breach clausesClause 20.1
No breach clausesClauses 2, 9.1, 18.1 and 20.1
SanctionUndertaking received

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

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What happened

  • A general practitioner received a three-page faxed invitation (via a market research agency) to participate in an AstraZeneca advisory board.
  • The fax pack included invitations/letters addressed inconsistently: one to “Dear Dr X”, one to “All GP’s” [sic], and one with no addressee (said by AstraZeneca to be intended for the practice manager).
  • The complainant alleged the wording implied invitees were not specifically selected for relevant expertise and that the number of consultants might not be limited to what was reasonably necessary.
  • The complainant also highlighted inconsistent honoraria across pages (£300 referenced on pages 1–2; £125 offered on page 3), alleging it could be an incentive to attend regardless of expertise.
  • AstraZeneca explained the advisory boards were to obtain feedback on non-promotional educational modules to help GPs diagnose bipolar/unipolar depression and on how to discuss these via its TeleReach telephone service; one board was for GPs (26 March 2012) and one for practice managers (29 March 2012).
  • Both advisory boards were cancelled following a High Court decision leading to loss of the Seroquel XL patent in the UK; AstraZeneca stated mental health-related activities in development were stopped.
  • AstraZeneca said the agency sometimes faxed materials to receptionists who requested a single invitation for a practice, using “All GPs”, and acknowledged an agency oversight where a recipient name was omitted/left blank.
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Outcome

  • Breach found: Clause 20.1 (in relation to the practice manager invitation).
  • No breach: Clauses 2, 9.1, 18.1 and (in other respects) 20.1.
  • The Panel accepted advisory boards and appropriate fees can be legitimate, but invitations and selection must stand up to scrutiny.
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