AUTH/2839/4/16: Anonymous v Merck Sharp & Dohme — Diabetes nurses study day sponsorship (No breach)

📅 2016 | 🖉 Dr Anzal Qurbain
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Key facts

Case numberAUTH/2839/4/16
CompanyMerck Sharp & Dohme Limited
ComplainantAnonymous, non-contactable
IssueAlleged lack of transparency about company involvement in a community diabetes nurses study day; alleged payment of speakers and that it was effectively a company meeting
Meeting“Treat yourself – Boost your confidence in managing type II diabetes” (community diabetes nurses study day)
MSD involvement (as found)Sponsorship of stand space only at fair market value; three local representatives attended to staff the stand; no role in organisation/content/speaker payment
Evidence referencedSponsorship letter/agreement stating payment for stand space; invitation/agenda listing sponsors (MSD one of several)
Clauses considered2, 9.1, 9.10, 22.4
DecisionNo breach of Clauses 2, 9.1, 9.10 and 22.4
Complaint received18 April 2016 (PDF) / 19 April 2016 (web listing)
Case completed10 May 2016
AppealNo appeal
Applicable Code year2016

Download the full case report (PDF)


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

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What happened

  • An anonymous, non-contactable complainant raised concerns about Merck Sharp & Dohme’s (MSD) involvement in a study day for community diabetes nurses.
  • Allegation: all speakers were paid by MSD (estimated by the complainant at ~£8,000) and the agenda did not make clear it was “fundamentally” an MSD meeting.
  • Allegation: although it appeared organised by the local community diabetes nurses, it was actually organised by MSD.
  • MSD response: the event was conceived and run by the community diabetes nurses group as an independent third-party meeting; MSD sponsored stand space only at fair market value and did not organise the meeting, select speakers, or pay/brief speakers.
  • MSD provided a sponsorship agreement (signed 7 April 2016) instructing the organiser to declare MSD’s involvement on meeting materials; the invitation/agenda listed sponsors and showed MSD as one of several pharmaceutical sponsors.
  • The complainant provided no supporting evidence beyond the invitation/agenda and could not be contacted for further information.
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Outcome

  • No breach of the Code was found.
  • The Panel found no evidence that MSD organised the meeting, paid speakers, or failed to be transparent about its involvement.
  • No breach was ruled for Clauses 2, 9.1, 9.10 and 22.4 (including no breach of Clause 2).
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