AUTH/3804/7/23: Health professionals v Ethypharm — conduct of a representative (no breach)

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Key facts

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Case number	AUTH/3804/7/23
Parties	Health professionals v Ethypharm
Issue	Conduct of a representative; alleged unannounced visits and factually incorrect statements regarding Aurum prefilled syringes and “blocked” syringes
Applicable Code	2021
Complaint received	28 July 2023
Case completed	6 November 2024
Appeal	No appeal
Clauses considered	Clause 5.1; Clause 17.2; Clause 17.4
Outcome	No breach of Clause 5.1; No breach of Clause 17.2; No breach of Clause 17.4
Sanctions	None

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

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A group of health professionals from an NHS Health Board complained about the conduct of an Ethypharm Key Account Manager/representative in relation to the Aurum range of prefilled syringes (Calcium Chloride, Adrenaline and Amiodarone PFS).
The Health Board reported difficulties over ~9 months, including concerns about “blocked” syringes and patient safety, and said it had moved away from using the products.
The complainants alleged the representative made two unannounced visits (cited as 8 June 2023 and 26 June 2023) and stated “factually incorrect” information “to anyone who will listen”, leaving quickly when challenged.
Specific allegations included: blaming Health Board processes/human error; claiming an HCP had agreed to purchase adapters (denied); and changing explanations during discussions (including blaming a syringe barrel manufacturer).
Ethypharm said the interactions were part of follow-up to safety concerns/yellow card reports and product quality complaints; it denied spreading misinformation and said the visits were professional and appropriate.
The Panel noted the second “26 June” visit appeared to have been on 26 July 2023, and that accounts differed on the cause of the blocked syringes (Ethypharm: incompatible connectors; Health Board: faulty syringes).

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No breach of Clause 5.1 Requirement to maintain high standards at all times.
No breach of Clause 17.2 Requirement that representatives must maintain high standards of ethical conduct in the discharge of their duties and comply with all relevant requirements of the Code.
No breach of Clause 17.4 Requirement that representatives must ensure that the frequency, timing and duration of calls, together with the manner in which they are made does not cause inconvenience and that the wishes of individuals on whom representatives call and the arrangements in force at any particular establishment must be observed.
No appeal.

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