Merck Serono image

Merck Serono censured over calls

pharmafile | June 25, 2013 | News story | Medical Communications, Sales and Marketing ABPI, Erbitux, Merck Serono, PMCPA 

A Merck Serono medical representative has been accused of ‘harassing’ an anonymous health professional by requesting a meeting every month – but it is the company which has been found guilty of breaching the ABPI Code of Practice for, in effect, egging them on.

The PMCPA, which enforces the Code, ruled that Merck had fallen foul of clause 15.9, which says that all briefing material “must not advocate, either directly or indirectly, any course of action which would be likely to lead to a breach of the Code”.

The Code is quite specific in pointing out that this refers to both the training material used to instruct medical reps about a drug – and, just as importantly, the instructions given to reps (including targets which have been set) as to how the product should be promoted.

The complainant who was not contactable, said the unnamed Merck rep wanted monthly sales calls throughout 2013, and that this meant he or she felt harassed because ‘such frequent meetings were unnecessary’. 

The person was told that these visits were needed to meet an order from management to have calls with seven health professionals each day, and they suggested this meant Merck had unrealistic expectations which were causing reps to change their behaviour.

The rep had always been “very professional and an asset to the company” before this, the complainant said. 

Merck explained to the PMCPA panel that instructions to its reps covered several different targets – one of which was that they should see 90% of their colorectal cancer oncologists at least three times a year. Reps who saw 20 such specialists in the next ten working days were paid an additional incentive.

A brief for an Erbitux campaign this year earmarked ‘gold, silver and bronze’ targets with a minimum expectation of seeing two gold contacts per day, and five others from the silver and bronze list.

Clause 15.4 of the Code (which Merck was found not to have breached) says the frequency, timing and length of calls must not ‘cause inconvenience’. It also states that visits to “a doctor or other prescriber by a representative each year should not normally exceed three on average”.

None of the firm’s materials for reps referred to Code requirements on call rates or distinguished between call and contact rates – something which it should have done.

An email sent after the complaint by Merck did say that “for the avoidance of doubt there must not be any more than three unsolicited meetings” with any doctor over the year.

After the complaint was made, the Erbitux campaign brief was withdrawn. The PMCPA verdict will be published in the August 2013 Review.

Adam Hill

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