Code of Conduct - Question & Answers

7a. Gifts - June 2006

Question 1:
We would like to distribute beaded pins at the International Aids Conference but want to ensure that we comply with all of the rules set forth in the Rx&D Code of Conduct (Code). We believe these beaded pins would not constitute a gift (as described in the Code) and would be appropriate to distribute given the nature of the project.

The project is to help alleviate the HIV/AIDS crisis among women and children in Africa, the region most affected by the pandemic. The bead making projects are income generating activities with the aim of boosting the self esteem and image of the participating women.

Response:
[Please note that a beaded doll was submitted for the members of the Industry Practices Committee for its consideration. The beaded pin was not submitted.]

Section 7A.1.2 of the Code prohibits the offer of “any gift – in cash or in kind, or any promotional aid, prize reward, or any other item which is intended for personal/family benefit, or pecuniary advantage.” The actual beaded doll is of no value; it appears to be more of a trinket or a token. Section 7A (Gifts) is unlikely to apply here.

Nor is Section 11 (Service-Oriented Items) likely to apply in this matter as there appears to be no product promotional goal in the distribution of these beaded dolls. The tag that is attached to the beaded doll does not make mention of any pharmaceutical product.

Given the information provided and for the purposes of this conference only, the beaded dolls can probably be distributed by the Member company without contravening the Code. In order for there not to be any appearance of impropriety, it is recommended that these beaded dolls be distributed by the conference organizers rather than at the Member company's booth.

If the beaded pins are similar in size and value, and serve the same purpose as the beaded dolls, then the IPC would likely come to the same conclusion as stated in the preceding paragraphs.