Annex A
PRESCRIPTION MEDICINES CODE OF PRACTICE AUTHORITY
CODE OF PRACTICE ON ADVERTISING
The Prescription Medicines Code of Practice
Authority Pamphlet January 2004 states:
"These can include:
— the carrying out by the Authority
of an audit of a company's procedures to comply with the Code;
— requiring the recovering of a promotional
item from those to whom it has been given;
— requiring the publication of a corrective
statement;
— a public reprimand by the ABPI (Association
of the British Pharmaceutical Industry) Board of Management;
— suspension or expulsion of a company
from the ABPI.
Thereafter, notwithstanding the annual levy
charged to Members, administration charges are payable by pharmaceutical
companies in relation to complaints made under the Code of Practice.
The charges are assessed per matter ruled upon. A charge of £1,250
per matter is payable where a company accepts the Code of Practice
Panel's ruling that it had breached the Code or where a company
complainant accepts the Panel's ruling that there had been no
breach.
A charge of £5,000 per matter is payable
where a company ruled in breach of the Code by the Panel appeals
that ruling and its appeal is rejected or where a company complainant
appeals against a ruling of no breach by the Panel and its appeal
is rejected.
Where a complainant appeals against a ruling
of no breach and the appeal is upheld by the Appeal Board, the
company then ruled in breach pays £1,250 per matter. Where
a company ruled in breach appeals and its appeal is upheld by
the Appeal Board, then a company complainant pays £1,250
per matter."
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