AUTH/3332/4/20: Anonymous v Sobi — unsolicited MSL “making contact” email during COVID-19 (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/3332/4/20
Parties	Anonymous v Swedish Orphan Biovitrum Ltd (Sobi)
Issue	Unsolicited email sent by an MSL to an NHS email address during COVID-19; alleged inappropriate contact/promotional intent
Complainant	Anonymous, non-contactable individual (on behalf of a hospital haematology team)
Material	Email(s) using a “Making contact – from Sobi UK&ROI medical team” template; Sobi provided redacted copies of 17 emails
Key context	COVID-19 pressures; Sobi internal guidance to respect trust restrictions and keep communications non-promotional
Applicable Code year	2019
Clauses considered	2, 9.1, 15.2, 15.9
Decision	No breach
Complaint received	18 April 2020
Case completed	26 November 2020
Appeal	No appeal

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

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An anonymous, non-contactable complainant (on behalf of a hospital haematology team) alleged an unsolicited email from a Sobi medical science liaison (MSL) to an NHS email address was inappropriate during COVID-19 pressures.
The complainant believed the email was sent to secure an interaction/meeting and amounted to promotion of the MSL’s “product and services”, adding burden to the team.
The complainant did not provide a copy of the email received, nor the “clear guidance” they said existed that HCPs should not be contacted.
Sobi said the MSL used an approved, non-promotional “making contact” template to send personalised emails to 17 health professionals in the relevant geographical area, offering medical/scientific support while working from home.
Sobi’s internal briefings (12 March and 26 March 2020) instructed staff to respect trust restrictions, ensure recipients were permitted (on CRM), and keep messages short, professional, respectful, accurate and non-promotional.
The template included supportive wording and offered to answer medical/scientific questions; the MSL’s emails closely mirrored it and included “Hopefully we can meet in the future”.

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No breach of the Code was ruled.
The Panel found no evidence the email was inappropriate, promotional, or caused inconvenience as alleged.
The Panel considered Sobi’s briefing and template did not advocate conduct likely to lead to a breach.

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