Healthy Skepticism Library item: 12998

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: news

Jack A.
Roche to face probe over sales of slimming pill
The Finanical Times 2008 Feb 25
http://www.ft.com/cms/s/0/61dd4e7a-e345-11dc-803f-0000779fd2ac.html?nclick_check=1

Full text:

An industry watchdog is to investigate the Swiss pharmaceuticals giant Roche over sales of a weight-loss drug to slimming clinics.

The case highlights sales tactics in the UK’s lucrative private slimming market, which has grown rapidly alongside the rising incidence of obesity.

The Prescription Medicines Code of Practice Authority, the pharmaceutical industry’s regulatory body, has opened an investigation into “alleged inducement and supply of Xenical”.

The action follows revelations in the Financial Times and a formal complaint from Ryta Kuzel, former head of Roche’s UK regulatory affairs, whom the company fired shortly after the start of investigations into Xenical supplies in 2005.

This month the FT reported that Roche sold large quantities of Xenical to the operator of a chain of private UK diet clinics, in spite of suspicions at one stage that the pills were being sold illegally.

Internal Roche documents presented to the court as part of Ms Kuzel’s case show that company executives had raised concerns that Robin Huxley, the operator of a chain of private slimming clinics, might be selling Xenical not only to his own clients but also on to the “grey market” beyond his direct control.

In spite of such concerns, Roche ruled itself satisified after internal audits and approved a discount scheme selling substantial volumes of Xenical to Mr Huxley over two years.

Mr Huxley pleaded guilty in December to breaches of the Medicines Act following a two-year investigation by the Medicines and Healthcare Products Regulatory Agency.

However, an undercover “mystery patient exercise” in 2003, in which a Roche sales manager posed as a new client at Mr Huxley’s Derbyshire Diet Clinic, showed that Mr Huxley had personally prescribed Xenical, a prescription-only medicine, although he was neither a doctor nor a pharmacist.

Roche also approved a £55,000 grant to “support” the purchase of another slimming clinic. Mr Huxley assured Roche staff that the deal would permit further growth in Xenical sales.

The pharmaceutical industry code of practice forbids companies from providing inducements to health professionals to help sell their products.

Roche argues that it was a victim of criminal conspiracy and believed Mr Huxley to be a qualified pharmacist. It says its funding to Mr Huxley was for “sponsorship and set-up” costs of the new clinic, and was “unrestricted”.

It stresses that it cooperated fully with investigators and that the MRHA has never suggested any wrongdoing by Roche.

Ms Kuzel won a substantial award for unfair dismissal against Roche, but not as a whistleblower over Xenical sales. She is considering a further appeal.