AUTH/2811/12/15: Anonymous v Daiichi-Sankyo – emailed photo booth images ruled a prohibited gift from a promotional stand

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Key facts

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Case number	AUTH/2811/12/15
Parties	Anonymous, non-contactable complainant v Daiichi-Sankyo
Event	European Society of Cardiology (ESC) Congress, London (29 Aug–2 Sep 2015)
Main issue	Exhibition stand design/atmosphere and whether a photo booth emailing photos constituted a prohibited gift
Product referenced	Lixiana (edoxaban)
Applicable Code year	2015
Complaint received	21 December 2015
Case completed	13 May 2016
Panel findings	Breach Clauses 18.1 and 9.1; no breach Clause 9.7
Appeal outcome	Breach Clause 18.1 upheld; no breach Clause 9.1; no breach Clause 9.7
Sanctions	Undertaking received; additional sanctions not stated

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

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What happened

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An anonymous, non-contactable complainant alleged that exhibition stands at a European cardiology congress in London (ESC Congress, 29 Aug–2 Sep 2015) were extravagant and created a “party atmosphere”, citing Daiichi-Sankyo’s stand as resembling a “Harley Street beauty therapy shop”.
Daiichi-Sankyo explained its stand had multiple separated areas (promotional Lixiana/edoxaban areas, speaker area, medical information, disease awareness, and corporate communications).
Daiichi-Sankyo said there were no physical giveaways (eg pens/USBs); only promotional leavepieces and invitations to its promotional satellite symposia.
A corporate section of the stand included a photo booth where visitors created a photo with magnetic words/icons; the photo was automatically emailed to the address provided (no printing on-site).
The Panel considered the emailed photograph to be a gift supplied in connection with the promotion of medicines because it was provided from a promotional stand.
Daiichi-Sankyo appealed, arguing the photo booth was part of a corporate social initiative and the digital photo had no monetary value and was not linked to product promotion.
The Appeal Board noted the booth was labelled “Photo attract area” on the stand plan and was accessed via branded/promotional areas; delegates could see promotional Lixiana messaging from the area.
The Appeal Board also noted the photo template did not reference the charity initiative as claimed; it included “What Makes Your Heart Feel Good” and the Daiichi-Sankyo logo, making it more likely to remind delegates of the company.

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Outcome

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Breach upheld on appeal: Clause 18.1 (gift/benefit supplied in connection with promotion).
No breach (final position): Clause 9.1 (high standards) – Panel breach overturned on appeal.
No breach: Clause 9.7 (extremes of format, size or cost) – complainant provided insufficient evidence; stand appearance not unreasonable based on photo provided.

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AUTH/2811/12/15: Anonymous v Daiichi-Sankyo – emailed photo booth images ruled a prohibited gift from a promotional stand

Key facts

What happened

Outcome

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