Actelion ruled in breach for offering frozen yoghurt at an exhibition stand (AUTH/2873/9/16)

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Key facts

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Case number	AUTH/2873/9/16
Complainant	Anonymous, non-contactable (described as a physician)
Company	Actelion Pharmaceuticals UK
Issue	Hospitality at an exhibition stand (frozen yoghurt)
Event	European Respiratory Society (ERS) Congress, London
Event dates	3–7 September 2016
Complaint received	15 September 2016
Case completed	2 November 2016
Applicable Code year	2016
Breach clauses	9.1; 22.1
Appeal	No appeal
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 (described as a physician) alleged Actelion offered frozen yoghurt from its exhibition stand at the European Respiratory Society (ERS) Congress in London (3–7 September 2016).
The complainant referenced a recent PMCPA ruling where another company had been found in breach for serving frozen yoghurt at a congress (Case AUTH/2812/12/15).
Actelion provided naturally flavoured frozen yoghurt alongside tea, barista-made coffee and bottled water.
Delegates could order frozen yoghurt via iPads in seating areas or at a refreshment counter staffed by contractors; Actelion said it was not advertised and not obvious from the exhibition floor.
Actelion said the decision to provide frozen yoghurt was made in April 2016 and it had missed the May 2016 published ruling in AUTH/2812/12/15.
The Panel considered the impression created, including that word-of-mouth and visibility of others eating could still draw delegates to the stand.

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Breach of Clause 22.1 was ruled: frozen yoghurt at the stand went beyond subsistence and was contrary to the Code’s requirements for exhibition-stand hospitality.
Breach of Clause 9.1 was ruled: high standards had not been maintained.
No appeal.

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