AUTH/2716/5/14: Napp voluntary admission—conference sponsorship emails implied inducement

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Key facts

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Case	AUTH/2716/5/14
Company	Napp Pharmaceuticals Limited
Issue	Conduct of representative; alleged false pretence to obtain appointment; emails implying conference sponsorship conditional on clinician views/product relevance
Product(s)	Targinact (oxycodone/naloxone combination) tablets (discussed in meeting; product not named in the key emails)
Complaint received	02 May 2014
Case completed	08 July 2014
Applicable Code year	2014
Panel findings	No breach: Clauses 2, 7.11, 9.1, 15.3, 18.1; Breach: Clauses 9.1, 15.2, 18.6
Sanctions	Undertaking received; Additional sanctions: Not stated
Appeal	No appeal

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

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Napp Pharmaceuticals voluntarily admitted concerns about one representative’s conduct: (1) allegedly gaining an appointment under a false pretence of discussing a “new” medicine, and (2) appearing to link a health professional’s opinion of Napp medicines to conference sponsorship.
A palliative care consultant complained via local health management; Napp investigated and the matter was treated as a complaint by the PMCPA Director.
On the appointment booking, the consultant and representative gave differing accounts; evidence included a redacted email to the consultant’s secretary referring to “a pain product that I would like to discuss with you” (not described as new) and internal call/visit logs.
On sponsorship, accounts of what was said in the face-to-face meeting differed; however, emails to the conference organiser stated: “after a discussion with a senior palliative care clinician” the product had “not much relevance” in the region, and “hopefully if positive we can step up to gold sponsor next year”.
The local medicines management group barred the representative with immediate effect (as described by Napp). The representative later left the company (per Napp), limiting further investigation.

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No breach for the allegation that the appointment was gained under false pretence / by describing a product as “new”.
No breach for the alleged link between sponsorship and opinions based on what was said in the meeting (insufficient evidence to determine precisely what was said).
Breach where emails to the conference organiser implied sponsorship level depended on a clinician’s view of the product’s relevance and on getting “positive” views.
No breach of Clause 2 (the Panel did not consider the circumstances warranted the particular censure of Clause 2).
No appeal.

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