Code of Conduct - Question & Answers

11. Service Oriented Items - June 2005
 
Question 1:
What does “special promotions” mean in relation to service oriented items?

For instance, in the context: “Member companies must ensure that the distribution of service-oriented items is not carried out for product promotional purposes. Member companies must not conduct “special promotions” which cannot be justified if subjected to scrutiny by members of the health professions and the public. Member companies should also use good judgement by choosing modes of advertising that will uphold this general principle.”

I know there are some examples in the back of the code but could you please give more guidance and examples?

Response:
The "special promotions" in relation to service oriented items refers to the fact that member companies should not turn a service oriented item into a marketing tool as a means to gain access to a HCP or influence the HCP's prescribing habits (i.e. the mass distribution of a medical textbook would be seen as a promotion.)

Question 2:
Our company owns x, which is an independent, peer-reviewing publisher of medical journals based out of New Zealand. One of the services x sells to pharmaceutical companies, biotechnology companies, researchers and analysts is access to a database called Clinical Trials Insight. This is a leading edge tool that allows interested parties to know exactly what is going on globally for pharmaceutical research. The database covers all presented and published clinical trial reports across 29 therapeutic areas. The reports are classified as either best evidence or supporting evidence, based on the robustness of the study outcome and the impact of the results in a specific therapeutic area.

We have just recently announced a new program that is creating considerable interest from brand teams here in Canada. We are offering to send weekly e-mails to physicians about the therapeutic areas that are of interest to them. This will allow the Canadian doctors to stay up to date. It is our belief this falls under the "acceptable service oriented items" whose primary goal is to enhance physician education. The role of the pharmaceutical company would be limited to sponsorship of the distribution unless they choose to go through PAAB. If they go through the PAAB process, a case-by-case review can be done to see if use of the brand name could be warranted.

We are in complete understanding that this service cannot and will not be used as an access tool to reach the physicians by the representatives. It would be permission based, opt-in, opt-out and recruitment would take place without the representatives and managed by x. We have been asked to make you aware of this program and ask for a response as to the legitimacy of this as a "service oriented item".

Response:
We regret to inform you that while the perception may be that this service falls under Section 11 of the Code, covering service oriented items, the IPRC has ruled in the past that such a service is in actual fact a gift to physicians. While we appreciate the initiative to keep the physicians abreast of the latest data available, the best route to follow for this would be via the CHE process.