Boehringer Ingelheim: beer on stage at ERS symposium led to Clause 9.1 breach (AUTH/2731/9/14)

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Key facts

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Case	AUTH/2731/9/14
Complainant	Pulmonologist (working in Germany)
Company	Boehringer Ingelheim
Event	Scientific satellite symposium at ERS Congress, Munich
Session title (as advertised)	“Slowing disease progression in IPF: New evidence From Phase III clinical trials”
Main issue	Beer appeared to be consumed on stage; overall impression deemed unacceptable/inappropriate subsistence
UK involvement	2 of 4 speakers were UK health professionals; 63 UK respiratory health professionals sponsored to attend ERS Congress
Applicable Code year	2014
Clauses considered by Authority	7.2, 9.1, 12.1
Breach(es)	Clause 9.1
Sanctions	Undertaking received; additional sanctions not stated
Complaint received	16 September 2014
Case completed	19 January 2015
Appeal	No appeal

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

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A pulmonologist in Germany complained about a Boehringer Ingelheim scientific satellite symposium at the European Respiratory Society (ERS) Congress in Munich.
The session was advertised in the official programme as “Slowing disease progression in IPF: New evidence From Phase III clinical trials”.
The complainant alleged that speakers were allowed to drink beer on the main stage and that one speaker was dressed in lederhosen, which he considered inappropriate given IPF is a serious, fatal condition.
Two of the four speakers were UK health professionals; Boehringer Ingelheim had also sponsored 63 UK respiratory health professionals to attend the ERS Congress.
Boehringer Ingelheim argued the symposium was organised by its German parent (Boehringer Ingelheim GmbH Co KG) and was outside the scope of the UK Code; BI UK said its role was limited to approving honoraria/subsistence/hospitality for UK speakers via a clearing house system.
The Panel considered the Code applied to promotion to UK health professionals at international meetings outside the UK and that UK companies are responsible for relevant acts/omissions of overseas affiliates within scope.
The Panel reviewed a photograph showing a pint glass appearing to contain beer on the stage near a UK speaker and concluded the overall impression was unacceptable and the subsistence inappropriate.

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Breach found: Clause 9.1.
No breach findings were reported for Clauses 7.2 or 12.1 (these were queried by the Authority but were not ruled as breached in the published decision).
No appeal.
Undertaking received.

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