Daiichi-Sankyo photo booth at ESC Congress: emailed delegate photos ruled a prohibited gift (Clause 18.1)

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Key facts

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Case	AUTH/2811/12/15
Complainant	Anonymous, non-contactable (described self as a UK health professional)
Company	Daiichi-Sankyo
Issue	Exhibition stand design and hospitality; photo booth emailing delegate photos; allegations of extravagance/party atmosphere
Event	European Society of Cardiology (ESC) Congress, London, 29 Aug – 2 Sep 2015
Medicine referenced	Lixiana (edoxaban)
Applicable Code year	2015
Complaint received	21 December 2015
Case completed	13 May 2016
Panel decision	Breach Clause 18.1 and Clause 9.1; No breach Clause 9.7
Appeal outcome	Breach Clause 18.1 upheld; Clause 9.1 breach overturned (no breach); No breach Clause 9.7 maintained
Sanctions	Undertaking received; Additional sanctions: Not stated

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

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An anonymous, non-contactable complainant alleged that exhibition stands at a European congress in London (ESC Congress 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 delineated areas (promotional Lixiana/edoxaban areas, speaker area, medical information, disease awareness, and corporate communications).
The stand included a corporate section photo booth where visitors could take a photo with a message (using magnetic words/icons). The photo was automatically emailed to the visitor; no printed copies were provided.
Daiichi-Sankyo stated there were no physical giveaways (eg pens/USBs); only promotional leavepieces and invitations to promotional satellite symposia were available to take away.
The Panel considered the emailed photographs to be a “gift” created on the stand and given to visitors, and therefore supplied in connection with the promotion of medicines.
On appeal, the Appeal Board noted the photo booth was labelled “Photo attract area” on the stand plan and could be accessed via branded/promotional areas; the resulting photo template included the Daiichi-Sankyo logo and the question “What Makes Your Heart Feel Good”.

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Breach upheld on appeal: Clause 18.1 (gift supplied in a promotional setting).
No breach: Clause 9.7 (extravagance/extremes of format, size or cost not proven).
Panel breach overturned on appeal: Clause 9.1 (high standards) – Appeal Board ruled no breach in the circumstances.

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