Anonymous v Bristol-Myers Squibb: Daklinza leavepiece at integrated care conference (AUTH/2861/7/16) – No breach | PMCPA Case

📊

Key facts

⌄

Case number	AUTH/2861/7/16
Parties	Anonymous, non-contactable complainant v Bristol-Myers Squibb Pharmaceuticals Limited
Medicine	Daklinza (daclatasvir dihydrochloride)
Therapy area	Chronic hepatitis C virus (HCV) infection in adults (in combination with other medicinal products)
Allegation	Promotion of a prescription only medicine to the public via leavepieces placed on seats at a conference session
Setting	Integrated care conference (June 2016)
Material	Certified 4-sided promotional leavepiece referencing NICE approval and including prescribing information
Distribution method	1200 copies delivered to organisers; placed on seats in five non-sponsored sessions (agreed verbally)
Clauses considered	Clause 2; Clause 9.1; Clause 26.1
Decision	No breach of Clauses 26.1, 9.1 and 2
Complaint received	29 July 2016
Case completed	2 September 2016
Appeal	No appeal
Applicable Code year	2016

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

🤖

Got a question about this case?

Ask one of our 13 specialist ABPI advisors — instant answers, 24/7.

Ask AskAnzal AI

🎬 Expert Video Walkthrough

🎬

Video walkthrough — coming for members

Subscribe now and get expert video analysis for every case as we publish them.

Subscribe — from £299/yr

📋

⌄

An anonymous, non-contactable complainant alleged Bristol-Myers Squibb (BMS) promoted Daklinza (daclatasvir dihydrochloride), a prescription only medicine, to the public at a 2-day integrated care conference in June 2016.
The complainant said a Daklinza promotional piece was placed on every seat in a keynote lecture theatre session on day 1, which they believed was open to non-medical attendees and the public.
The complainant alleged this brought the industry into disrepute and amounted to advertising a POM to the public.
BMS said the conference was a trade-only event aimed at health professionals and “other relevant decision makers” (eg, NHS payors/commissioners), with consumers and direct patients refused entry.
BMS provided that 1200 copies of a certified 4-sided Daklinza leavepiece (focused on recent NICE approval and including prescribing information) were distributed by organisers onto seats in five pre-identified, non-sponsored sessions (agreed verbally).

⚖️

⌄

No breach of the Code was found.
The Panel ruled the distribution did not constitute advertising a prescription only medicine to the public.
The Panel noted concern that the distribution arrangements were agreed verbally with no written details or documented compliance assessment, but this did not change the no-breach outcome.

🔒

Members get the complete breakdown — Clauses, Sanction, Signatory Lens, Audit checklist, and 3 Key Questions.

Best value

£249/year

Annual — save £99

£29/mo

Monthly

Join Now — Instant Access