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PMCPA Case

AUTH/3008/1/18: Teva v Pharmasure – chocolate hamper provided to health professionals

📅 8 March 2026 | 🖉 Anzal Qurbain
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Key facts

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Case numberAUTH/3008/1/18
Case referenceTEVA v PHARMASURE – Provision of a chocolate hamper
ComplainantTeva UK Ltd (complaint referred via MHRA)
Respondent/companyPharmasure
Product(s)Not stated (supplements mentioned: Inofolic, Condensyl; POMs not named)
Material/channelIn-person visit to a hospital fertility unit; provision of a chocolate hamper with compliments slip
Key issueProvision of a substantial chocolate hamper to health professionals as an unacceptable gift/benefit in connection with promotion of medicines
Dates (received/completed if stated)Complaint received 4 January 2018; case completed 27 March 2018
AppealNot stated
Code yearNot stated
Breaches/clausesBreach: Clauses 18.1, 9.1, 2. No breach: Clause 15.2
SanctionsNo explicit additional sanctions stated beyond the required undertaking/corrective actions described in the report

Download the full case report (PDF)

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

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What happened

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  • The MHRA referred to the PMCPA a complaint it had received from Teva UK Ltd about a Pharmasure representative providing a chocolate hamper to a group of health professionals.
  • Teva said that on 14 December its lunchtime presentation to a clinical team at a named private hospital was briefly interrupted by the unscheduled arrival of a Pharmasure representative.
  • The representative visited only to drop off a substantial high street chocolate hamper for the team, handed to the fertility centre manager, with a Pharmasure compliments slip stating “Merry Christmas”.
  • Teva alleged the gift was inappropriate because it was not inexpensive and not relevant to the practice of medicine or pharmacy.
  • Pharmasure said most of its promotional activity was for supplements (outside the Code’s jurisdiction) and the hampers were intended for supplement customers; it accepted the gift was not relevant to medical practice and might not have been appropriate.
  • Pharmasure stated the hamper cost £37.50 (inc VAT) and was intended to be shared by around 10 personnel as a Christmas treat; no other items were provided and no products were discussed during the visit.
  • Pharmasure said it purchased 74 hampers and that medical representatives were erroneously included in distribution; it estimated medical representatives gave hampers to up to 15 fertility units.
  • Pharmasure acknowledged a breach and said its prescription-side controls for gifts were not adequate; it began a review/overhaul of promotional processes to be completed within 3 months and said it would not engage in further promotional activity during that period.
  • The Panel noted the complaint came via the MHRA because Pharmasure was not on the PMCPA non-member list at the time; after notification, Pharmasure agreed to join the list and responded.
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Outcome

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  • The Panel ruled the chocolate hamper was provided in connection with the promotion of medicines and did not fall within the Code’s limited exemptions for items to health professionals.
  • Breach of Clause 18.1 was ruled (prohibition on gifts/benefits to health professionals in connection with promotion of medicines, subject to limited exceptions).
  • The Panel ruled that providing the hamper meant Pharmasure had not maintained high standards: breach of Clause 9.1.
  • The Panel ruled the arrangements brought discredit upon, and reduced confidence in, the pharmaceutical industry: breach of Clause 2.
  • No breach of Clause 15.2 was ruled; the Panel considered the matter was covered by the Clause 9.1 ruling.
  • In exceptional circumstances, and on balance, the Panel decided not to report Pharmasure to the Code of Practice Appeal Board.
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