PharmaMar: Madrid meeting hospitality judged out of proportion despite being within Spanish meal limit (AUTH/3054/7/18)

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Key facts

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Case	AUTH/3054/7/18
Complainant	Anonymous, non-contactable (appeared to be an NHS employee)
Company	PharmaMar
Meeting location	Madrid, Spain
Event dates	Dinner: 31 March 2017; Meeting: 1 April 2017
Product referenced	Yondelis (trabectedin)
Delegates	280 total; 11 from the UK (per company)
Hospitality detail	Friday dinner cost €59.95 per head incl drinks/taxes; no educational content on 31 March
Hotel	4-star; budget €180/night (breakfast included) (itemised invoices not provided due to external provider)
Extra night allegation	Five UK delegates offered extra night due to no evening flights (no breach found)
Applicable Code year	2016
Complaint received	13 July 2018
Case completed	18 October 2018
Breach clauses	Clause 22.1; Clause 9.1
No breach clauses considered	Clause 2; Clause 9.1; Clause 22.1
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 (appearing to be an NHS employee) complained about a PharmaMar-organised meeting in Madrid.
The complainant said PharmaMar offered to pay flights and accommodation for UK delegates and said new Yondelis (trabectedin) data would be presented.
The complainant attended a Friday night “gala dinner” (31 March 2017) described as a “social gathering”; photographs were provided.
The promotional meeting took place the next day (1 April 2017). The complainant alleged no new product data was presented and felt misled.
The complainant alleged delegates were offered the chance to stay Saturday night despite no meeting on Sunday.
PharmaMar said the meeting (“Soft Tissue Sarcoma: Evidence and Experience”) had substantial educational content, with 280 delegates; 11 were from the UK. UK flights were economy; hotel was 4-star with a budget of €180/night (breakfast included).
Friday dinner cost was stated as €59.95 per head including drinks and taxes (marginally below the Spanish Code limit of €60). There was no agenda/presentations/educational content on 31 March.

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Breach of Clause 22.1 (hospitality not secondary to the meeting purpose; level not appropriate and out of proportion to the occasion).
Breach of Clause 9.1 (high standards not maintained) in relation to the hospitality arrangements.
No breach of Clause 9.1 regarding the allegation that the complainant was misled about “new data” (not proven on the balance of probabilities).
No breach of Clause 22.1 regarding the additional Saturday night stay for some delegates (not proven inappropriate; could be reasonable for logistical reasons).
No breach of Clause 2 (Panel did not consider the circumstances warranted particular censure).

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