← Back to Cases
PMCPA Case

AstraZeneca: misleading CCG “commercial agreement” in-call statement used at nurse forum (AUTH/2954/4/17)

📅 2017 | 🖉 Dr Anzal Qurbain
📊

Key facts

⌄
Case numberAUTH/2954/4/17
ComplainantHealth professional (CCG)
CompanyAstraZeneca UK Limited
IssueConduct of a representative; misleading “commercial agreement/CCG position” in-call statement about Symbicort
ProductSymbicort (formoterol + budesonide); references to Symbicort Turbohaler and DuoResp Spiromax
SettingPractice nurse forum meeting (AstraZeneca-sponsored; lunch provided; 10–15 minute presentation)
Applicable Code year2016
Complaint received18 April 2017
Case completed12 July 2017
AppealNo appeal
Breach clauses7.2, 7.4, 9.1, 15.2, 15.4, 15.9
SanctionsUndertaking received; Additional sanctions: Not stated

Download the full case report (PDF)

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
📋

What happened

⌄
  • A health professional from a clinical commissioning group (CCG) complained about the conduct of an AstraZeneca representative (representative A) at a practice nurse forum meeting sponsored by AstraZeneca (April 2017).
  • The complainant alleged the representative falsely stated AstraZeneca had a special arrangement with the CCG and that the CCG was in favour of Symbicort (formoterol + budesonide).
  • The CCG followed local asthma/COPD guidelines in which Symbicort/Turbohaler did not appear; a 2016 meeting had discussed local approaches including that new patients should start on DuoResp Spiromax and that Symbicort should not be promoted locally (as per the complainant’s understanding).
  • At the nurse forum, representative A read out an “in-call statement” saying the CCG recommended a formoterol/budesonide option and that “due to a commercial agreement between the CCG and AstraZeneca, cost should not be a barrier to prescribing Symbicort”.
  • The in-call statement originated from an October 2016 email from the regional business manager (RBM) instructing it be shared “in every call” (proactive use), later followed by internal emails indicating it should be used verbally and reactively only if cost was raised, and specifically for patients already established on Symbicort who were stable and well controlled.
  • Representative A did not receive the 2016 clarification emails and used a January 2017 RBM email/table of in-call statements that was unclear on whether the statement was reactive or proactive and did not clearly set out the local promotional strategy or patient scope.
  • Representative A knew the statement related only to established patients but did not make that limitation clear when using it at the meeting.
  • The outcome of the 2016 meeting with the CCG was not agreed in writing, and there was confusion/disagreement about what had been agreed regarding promotion of Symbicort in the CCG.
⚖️

Outcome

⌄
  • Breach found for misleading use of the in-call statement at the nurse forum (omitting that it applied only to established patients).
  • Breach found because the impression the statement applied to all patients (including new patients) could not be substantiated.
  • Breach found because internal communications about the in-call statement were unclear and advocated a course of action likely to breach the Code.
  • Breach found because the in-call statement advocated action contrary to local arrangements due to lack of clarity on which patients it applied to.
  • Breach found for failure to maintain high standards, including inadequate/unclear instructions to the field force and failure to confirm the 2016 meeting outcome in writing.
  • No appeal.
🔒

Unlock the full case analysis

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

Best value
£249/year
Annual — save £99
or
£29/mo
Monthly
Join Now — Instant Access
← All Cases Book a Free Compliance Call

⭐ Business Intelligence Access

See the full compliance picture for every pharma company

291 Company Intelligence Reports — breach patterns, appeal history, industry ranking, PDF export.

Request Access →
⭐ Flagship Programme

AQP Flagship Path — the complete UK ABPI signatory programme

12 modules. 12 weeks. Final Signatory readiness. The industry standard for ABPI Code signatories — £995 + VAT.

Enrol — AQP Path Learn more

📰 Weekly PMCPA Case Breakdown

One real case. One key lesson. Every week — free.

Subscribe Free
🎓 AQP Training