AUTH/2812/12/15: Mylan frozen yoghurt at ESC congress stand ruled beyond subsistence

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Key facts

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Case number	AUTH/2812/12/15
Parties	Anonymous, non-contactable complainant v Mylan
Issue	Exhibition stand design and hospitality (frozen yoghurt/“ice-cream stand” allegation)
Event	European Society of Cardiology (ESC) Congress, London (29 Aug–2 Sep 2015)
Complaint received	21 December 2015
Case completed	2 March 2016
Applicable Code	2015
Breach clauses	9.1, 22.1
No breach clauses	9.7
Sanctions	Undertaking received; additional sanctions not stated
Appeal	No appeal

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

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An anonymous, non-contactable UK health professional complained about exhibition stands at the European Society of Cardiology (ESC) Congress in London (29 Aug–2 Sep 2015).
The complainant alleged many stands were “extremely extravagant” and created a “party atmosphere”, citing Mylan as having an “ice-cream stand”, and provided photos of the Mylan stand.
Mylan said it provided tea/coffee and frozen yoghurt (not ice-cream), ordered via the official stand caterer as required by the organiser, with no signage and not handed out unsolicited (available on request).
Mylan stated the stand and materials were reviewed/approved globally and locally, and the stand was also approved by ESC.
The Panel assessed whether frozen yoghurt constituted subsistence-only hospitality from an exhibition stand and whether the stand was “extremely extravagant”.

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Breach of Clause 22.1: frozen yoghurt from the stand went beyond subsistence.
Breach of Clause 9.1: high standards had not been maintained.
No breach of Clause 9.7: complainant did not substantiate the allegation that the stand was unacceptable due to extravagance/format/size/cost.
No appeal.

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