Sanofi: Rep used NHS.net to circulate promotional webcast invite via NHS admin (AUTH/2622/7/13)

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Key facts

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Case	AUTH/2622/7/13
Parties	NHS employee v Sanofi
Issue	Unauthorised use of NHS email (NHS.net) to circulate a promotional webcast invitation; conduct of representative
Complaint received	30 July 2013
Case completed	17 September 2013
Applicable Code year	2012
Product / therapy area	GLP-1 receptor agonist therapies; lixisenatide (Lyxumia) referenced in complaint context
Material	Email invitation to webcast: “The Use of GLP-1 receptor agonist therapies, the evidence and practicalities”
Main findings	Invitation disguised promotional nature; no prior permission for promotional email; uncetified rep-created promotional material; unprofessional conduct involving NHS admin; discredit to industry
Breach clauses	Clause 2, 9.1, 9.9, 12.1 and 15.2
Sanctions	Undertaking received; Advertisement
Appeal	No appeal

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

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What happened

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An NHS clinical commissioning group employee complained about a Sanofi representative’s conduct.
The representative persuaded an NHS administrative assistant to send an email (via NHS.net) to all GP practices in the area, inviting recipients to a Sanofi promotional webcast about GLP-1 receptor agonist therapies.
The email subject was “FW:Sanofi GLP-1 Webcast” and included “Sent on behalf of [named representative] – Sanofi” and “Practice Managers- please cascade”.
The representative signed as a “Diabetes Specialist” (the company name was not stated in the signature).
The Panel considered it was not clear from the email that the webcast was promotional or solely produced by Sanofi; it could appear NHS-led/endorsed because it was sent by an NHS employee who routinely circulated trust training information.
Only after clicking the registration link did the promotional nature and Sanofi’s involvement become clear.
Recipients had not given prior permission (opt-in) to receive promotional emails.
The representative effectively created and distributed their own promotional material (the email) without prior certification.
The NHS trust investigated; the administrator recalled the email after a GP query, but it still reached some individuals. The administrator was upset and completed an incident report.
Sanofi investigated (medical director and line manager). The representative apologised to the NHS employee; a disciplinary process was triggered and company-wide training was planned.

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Outcome

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Breach rulings were made for Clauses 2, 9.1, 9.9, 12.1 and 15.2.
The Panel found the invitation disguised the promotional nature of the webcast.
The Panel found the promotional email was sent without prior permission from recipients.
The Panel found the representative failed to maintain high standards and failed to comply with relevant Code requirements.
The Panel found the conduct brought discredit upon and reduced confidence in the pharmaceutical industry.
No appeal.

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Key facts

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