AUTH/3288/12/19: NHS Worker v Biogen — alleged promotion by an MSL at a social event (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/3288/12/19
Complainant	Anonymous, non-contactable individual who stated that he/she worked in the NHS
Company	Biogen
Product	Tysabri
Allegation	MSL promoted Tysabri and its benefits to an MS patient at a social event, leading to a request to switch therapy
Setting	Wedding/social event (May 2019; described as summer 2019)
Complaint received	13 December 2019
Case completed	16 September 2020
Applicable Code year	2019
Appeal	No appeal
Decision	No breach
Clauses considered	2; 9.1; 12.1; 15.2; 26.1; 26.2

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

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An anonymous, non-contactable individual who said they worked in the NHS complained about a conversation at a social event (a wedding) between a Biogen Idec medical science liaison (MSL) and another guest who was an MS patient.
The complainant alleged the MSL discussed Tysabri and its benefits, and that the patient later asked their MS nurse to switch them from a competitor therapy to Tysabri (which was agreed, against the nurse’s advice).
The complainant alleged this amounted to inappropriate promotion/advice to a patient/public.
Biogen stated the MSL disclosed they worked in pharma and for Biogen only when asked, did not mention Tysabri or any Biogen/competitor product, advised the guest to seek advice from their health professional, and deliberately ended the topic.
The Panel noted the complainant provided no specific detail of what was said and could not be contacted; it was unclear whether the complainant was present for the conversation.
The Panel considered it possible the guest later searched online for information about Biogen and Tysabri after learning the MSL worked for Biogen.

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No breach of the Code was ruled.
The Panel found the complainant had not established, on the balance of probabilities, that the conversation promoted Tysabri or encouraged the guest to ask for Tysabri.
The Panel found no evidence that the conversation was disguised promotion.
The Panel ruled that high standards had been maintained and there was no failure to maintain a high standard of ethical conduct.

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