Code of Conduct - Question & Answers

4b. Sponsorship to International Continuing Health Education Events, Scientific Symposia, Congresses - August 2005

Question 1:
There is an international conference that is going to be held in Canada. X US is intending to have a booth and they want to talk about a drug that has not been approved in Canada yet. They are cognizant of the fact that they will only be able to talk about it to non-Canadian doctors and will take requests in writing from Canadian doctors to be answered later by Medical Affairs. They would also like to give a bag and a pen with an X logo and a sentence about X medical condition. Though none of our Canadian reps will be involved, there may be some of our medical affairs folks at the booth. Is it possible for them to give those service items, in other words, does an international conference fall out of the jurisdiction of the code?

Response:
With respect to Rx&D member companies, Paragraph (iii), line (d) in the Mission Statement Section of the Rx&D Code of conduct states that “…Rx&D members accept the obligation to work within frameworks approved by Health Canada, the Pharmaceutical Advertising Advisory Board, and other relevant bodies” at:
http://www.hc-sc.gc.ca/dhp-mps/advert-publicit/pol/actv_promo_vs_info_e.html.
Section 4B.1 indicates that section 4A of the Rx&D Code of Conduct applies when an international event is held in Canada. According to Section 7A.1.2, gifts are not allowed by the Code of Conduct.

With respect to the activities of non-member companies participating in international conferences held in Canada, you are invited to consult the document entitled “The Distinction Between Advertising and Other Activities” at the following Web site for additional information on drugs not
approved for distribution in Canada: http://www.hc-sc.gc.ca/dhp-mps/advert-publicit/pol/actv_promo_vs_info_e.html.

Question 2:
Let's say that you are going to an international convention in US. At the X booth, the representatives are authorized to distribute branded pens to physicians. If this International convention is held in Canada and X international organize the booth. Are they authorized to distribute the same pens as in the US?

In other words, is Section 7a of the Canadian code must be followed by X International for the international event held in Canada.

Please, find the answer from Lee Marks two years ago on this subject:
"This is further to our conversation regarding the above-referenced matter. The Rx&D Code applies only to member companies of Rx&D. If a meeting is being held in Canada, but is not being convened by an Rx&D member, either wholly or in part, Rx&D cannot enforce the Code. For example, if X Canada is not involved in convening the international meeting, the Code does not apply. What we usually ask of the Canadian company is that they talk to their U.S. or International counterpart which is sponsoring the meeting, tell them about our Code, and ask them to adhere to its provisions while in Canada."

Response:
With respect to the activities of non-member companies participating in international conferences held in Canada, please consult the Health Canada document “The Distinction Between Advertising and Other Activities” available on-line at: http://www.hc-sc.gc.ca/dhp-mps1advert-publicit/pol/actv_promo_vs_inof_e.html