Dutch authorities take Merck, Sharp and Dohme to court for its entertainment of doctors

13 February 2001, from the Dutch national paper, NRC Handelsblad, p. 2 (unofficial translation)

Fine of NLG 95,000: MSD entertains doctors too much

by one of our editors

The Hague, 13 February. Pharmaceutical company MSD must pay NLG 95,000 because the firm has overly entertained general practitioners and neurologists. The judge in Haarlem announced this verdict today.

This is the first time that a company is convicted of convincing doctors to prescribe a medicine, in this case the anti-migraine drug Maxalt. This occurred during continuing medical education meetings which included, according to the judge, a great deal of time for entertainment. Doctors that participated in these meetings admitted to the Inspectorate for Health Care that they took part mostly because of the entertainment aspect as the information provided about the drug was minimal. In this way, they could take part in go cart races, enjoy weekends (with their partner) on the island of Terschelling or they could see the North Sea Jazz Festival (with their partner). Afterwards they received complimentary hotel lodging in the Hotel Huis ter Duin in Noordwijk.

The judge declared that during the 19 meetings for which MSD must now pay the fine there was an imbalance between information provision about the medicine and the offered hospitality. In this way the company overstepped the rules on drug promotion.

In addition, the company had not made it clear that those providing information about the drug were not independent doctors or experts, but rather were people collecting salaries from MSD. For its promotion of Maxalt in 1999 the company paid between 4.5 and 5 million guilders.

The company's argument that it had to offer attractive programmes to doctors so that they would attend the meetings, was discounted by the judge. Doctors have their own responsibility and in addition, they are required to take a set number of continuing education hours each year.

MSD maintains that it is being unfairly prosecuted. According to the company its promotional activities just condemed by the judge are very modest in comparison to other pharmaceutical companies.

The judge said the company's talk of unfairness is unfounded. He said that in the future other companies will also be brought to court on similar charges.