Code of Marketing Practices

Marketing Practices Review Committee

Report on Code Infractions - #50 - July 1, 2003 to September 29, 2003*
*Because of vacations, there was no MPRC meeting in August 2003. This report covers business applicable to one meeting held July 24, and one held September 02, 2003.

1. Company and Issue: AstraZeneca Pharma Inc. Event entitled “Moving Mountains IV: Domains of Clinical Effectiveness,” held April 11-13, 2003 at Hotel Grand Pacific, Victoria, BC.

Discussion: According to the Company, the event was a “Program Development Meeting,” the objective of which “was to collect appropriate and pertinent content information for future CE (continuing education) programs for primary care physicians related to Psychiatric Medicine… the program was designed as the result of evaluations and specific requests from last year's Moving Mountains III program. “These requests identified the need for education at the primary care level addressing treatment and issues related to psychiatric medicine.”

The Committee noted that the “Dear Doctor” letter of invitation concerning the event stated its purpose as follows: (to) “ask for your expertise in developing tools and a document for your primary care colleagues who consult to you for key clinical questions and advice. Your input and expertise will ensure that future educational programs delivered to primary care physicians, who have an interest or expertise in psychiatric medicine, are delivering care in a contemporary manner.” The Company confirmed that it had defrayed hotel accommodation costs for the physicians, as well as the cost for optional social events in which the physicians participated in light of the fact that the Code permits the provision of “reasonable entertainment.” For those physicians who chose to bring a spouse or children, the Company charged a registration fee to cover meals and incidentals. In addition, the charges for optional social activities for family members were paid for by the physicians.

In discussing the actual nature of the event, members of the Committee took cognizance of Section 13.1 of the Marketing Code which reads as follows: “It is recognized that Rx&D members will seek advice and guidance from healthcare practitioners in the conduct of various aspects of their business. On such occasions, healthcare practitioners assume the role of a consultant providing advice, knowledge, expertise, and services to the Company.”

Decision: The event constituted a consultancy/advisory board as described in Section 13.1. In engaging consultancy services, Rx& D members are required by Section 13.2 to enter into a written contractual agreement with the individuals involved. Because AstraZeneca did not fulfil the requirements outlined in Section 13.2, the event was found to contravene that section. In advising the Company of its decision, the MPRC also noted that while Section 13.2 permits the reimbursement of “travel and accommodation expenses, where warranted,” the extent of the entertainment (social and recreational activities) offered by the Company in conjunction with this event was not acceptable.

2. Company and Issue: Janssen-Ortho Inc. Purchase, by a representative of the Company, of a microwave oven for the office of a physician.

Discussion: The allegation was that a Company representative had purchased a microwave oven for a physician's office. The allegation was supported by a photograph of the representative's business card that was taped to the oven, and on which were inscribed his name and coordinates, as well as the brand names of three of the Company's products. On being asked to provide information that could assist the MPRC in its deliberations, the Company admitted to the truth of the allegation and accepted responsibility for the representative's actions.

Decision: Contravention of Section 11.2 – unacceptable service-oriented item.

3. Company and Issue: Janssen-Ortho Inc. Implementation, by a representative of the Company, of an annual “Playoff Hockey Pool” featuring “mystery prizes.”

Discussion: Through a handwritten note bearing the salutation “Hello Doctor/s,” the representative extended an invitation to physicians “to enter my 1st Annual Playoff Hockey Pool,” free of charge. Attached to the invitation was a schedule of hockey games and “rules” developed by the representative. The invitation offered “mystery prizes” to those who placed first, second, and third. Information regarding the Hockey Pool was placed on the Web, and included an I.D., with a password which was, in fact, the name of one of the Company's products.

Decision: The activity was deemed to be a “special promotion” and in contravention of Section 11.1 of the Marketing Code. The Committee also found the representative in contravention of Section 8.2.4 that prescribes, inter alia, that “Company representatives must display the highest professional and ethical standards at all times.”

4. Company and Issue: Pharmacia Canada. Distribution to healthcare practitioners of a hot/cold compress, encased in a green felt bag, with both compress and bag bearing the brand name “Celebrex.”

Discussion: In the view of the Committee, while the item may be considered useful, its primary goal is not that outlined in Section 11.2 of the Code, but rather, to serve as reminder advertising for the product in question.

Decision: Contravention of Sections 11.1 and 11.2 - distribution of unacceptable service-oriented item.

SUMMARY - REPORT #50