Anonymous v Roche (AUTH/2509/6/12): Late-night bar conduct at overseas congress led to high standards breach

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Key facts

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Case	AUTH/2509/6/12
Parties	Anonymous complainant v Roche Products Limited
Issue	Conduct of employees at an overseas medical conference; allegations of excessive hospitality and inappropriate late-night behaviour
Location	Overseas medical conference (city/country not stated)
Complaint received	04 June 2012
Case completed	07 November 2012
Applicable Code year	2012
Panel findings	No breach Clause 19.1; Breach Clause 9.1; No breach Clause 2
Appeal	Appeal by respondent (Roche) unsuccessful; breach of Clause 9.1 upheld
Sanctions	Undertaking received; additional sanctions not stated
Notable facts	Employees attended a customer dinner then went to a lively party bar after midnight; multiple rounds of drinks purchased on company cards; one employee escorted out and not allowed back to retrieve belongings; UK HCPs were present and briefly spoken to; no evidence HCPs were bought drinks

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

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An anonymous complainant alleged Roche employees behaved inappropriately at an overseas medical conference in 2012, including excessive late-night drinking and supplying “round after round” of shots to doctors.
The complainant alleged one named employee, said to be drunk, jumped on stage and was physically evicted by door staff.
Roche stated it hosted a dinner for UK customers, then two named employees went by taxi to a lively “party bar” for downtime (not with customers and not by arrangement).
Roche said staff briefly spoke to some UK health professionals (HCPs) they knew at the bar but did not invite them and did not buy them drinks.
Receipts showed multiple rounds of drinks purchased on company cards after midnight (including purchases timed 12.22am, 12.40am and 1.13am; other Roche receipts included purchases at 2.19am and 2.23am).
One named employee joined others dancing on a stage/platform, was escorted from the premises and not allowed back to retrieve his jacket; a UK HCP (also a Roche delegate) witnessed this and became involved in retrieving the jacket.
Roche had internal guidance (“Compliance & International Congress”) stating staff should not remain in a bar with customers later than 11.30pm–midnight and should withdraw; if HCPs continue drinking they must pay for themselves and Roche staff must not be present (even for soft drinks).

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No breach of Clause 19.1: the complainant did not establish (on the balance of probabilities) that Roche provided hospitality to UK HCPs at the bar.
Breach of Clause 9.1: behaviour in the presence of UK HCPs amounted to a failure to maintain high standards.
No breach of Clause 2: Panel did not consider “particular censure” warranted.
Roche appealed the Clause 9.1 finding; the Appeal Board upheld the breach and the appeal was unsuccessful.

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