Recently, after the Sino-US Squibb bribery was fined 870,000, and one of the "CSO's four giants" Tailing Pharmaceutical was fined 11.6 million, the Shanghai Industrial and Commercial Bureau once again issued a fine to the pharmaceutical company, according to Shanghai Industry and Commerce. According to the public notice, the Shanghai Putuo District Market Supervision Administration has issued an administrative penalty decision letter to Casey Medicine of Italy. The type of illegal behavior is “the operator uses financial or other means to bribe to sell or purchase goodsâ€.
According to public information, Casey Medical Consulting (Shanghai) Co., Ltd. is a company invested and established by the Italian Casey Group in China, providing marketing and consulting services for the Italian Casey Group to sell Guersu and Beyonol in China. Service, and in this way to the Italian Casey Group to collect marketing and consulting fees, in other words, is actually a CSO company, the punishment decision statement pointed out that "the parties to improve the sales of Guersu and Beyonol in the Chinese market, Traveling in the process of inviting hospital-related doctors to conduct academic conferences."
The final decision is as follows:
(1) A fine of RMB is collected and rounded;
(2) Confiscation of illegal income, RMB, and 10,000 yuan.
It can be seen that the punishment for the confiscation of the illegal income of 295,258,600 yuan is the income of the Kaixi organization meeting, which was 803,107,708 yuan, minus the cost of 503,850,200 yuan, and the same fine of 150,000 yuan, a total of about 450,000 yuan. .
At present, under the strict implementation of the two-ticket policy, the ticketing supervision in the field of pharmaceutical circulation will become more and more strict. After Tailing Pharmaceutical was fined, it subsequently announced that it would terminate the exclusive relocation of Fudan Zhangjiang. Agency rights, which also means that Tailing Pharmaceutical officially withdrew from the CSO business.
On December 22nd, the CFDA and the General Office of the National Health Commission jointly issued a public consultation on the “Administrative Measures for the Registration and Recording of Medical Representatives (Trial) (Consultation Draft)â€. The “Draft for Comment†focused on the fact that pharmaceutical representatives cannot undertake pharmaceutical sales tasks. It is not allowed to directly sell physical medicines, not to collect and process purchase and sales bills, to refrain from commercial bribery, to provide direct donation and sponsorship to departments and individuals within medical and health institutions, and to explicitly emphasize the specific contents of pharmaceutical representative activities: Academic promotion, technical consultation, assist medical staff to rationally use drugs, collect and feedback clinical use of drugs and adverse drug reaction information.
At present, in the CSO business field, non-compliant academic promotion marketing is reborn, academic marketing refers to academic-based, marketing as a form, and some companies understand academic marketing as a sales term. Previously recruited is "medical representative", and now recruiting is "academic agency", and without academics as the basis, all marketing is just a superficial effort, which is contrary to the current non-compliance in the field of pharmaceutical circulation.
Therefore, some analysts believe that the promotion and marketing transformation of pharmaceutical companies is urgent, including the transformation of thinking, multi-channel digital marketing.
Attached to the Shanghai Municipal Administration for Industry and Commerce, the official punishment decision letter:
Shanghai Putuo District Market Supervision Administration
Administrative penalty decision
Pu City Supervision Office Word [2017] No. 070201710508
Party: Casey Medical Consulting (Shanghai) Co., Ltd.
Registration Number
Address: Room 2603-2606, No. 666, Huaihai West Road, Changning District, Shanghai
Legal representative: DAVIDE DALLE FUSINE Foreign (region) passport YA1886312
Business Scope: Engaged in medical and medical device technology consulting, medical and medical device information consultation, business consulting, marketing planning (except advertising), exhibition display services (except for hosting), business information consultation. [Projects subject to approval according to law, can be carried out after approval by relevant departments]
Kathy Medical Consulting (Shanghai) Co., Ltd. is a company invested and established by the Italian Casey Group in China. It provides marketing and consulting services for the sale of Guersu and Beyonol in the mainland China. Charge marketing and consulting fees to the Casey Group in Italy.
In order to improve the sales of Guersu and Beyonol in the Chinese market, the parties went out to travel in the process of inviting hospital-related doctors to hold academic conferences. In 2014-2016, the parties invited doctors from relevant departments of the hospital to hold a meeting and spent a total of 503,859.02 yuan.
The parties organized the above-mentioned meetings to obtain a total income of 803,117.08 yuan from the Casey Group, and the illegal income after deducting the cost was 299,258.06 yuan.
The above facts are made up of the inquiry record of the client's principal, the academic conference materials and the itinerary of the party organization, the "Consultation Agency Agreement" signed by the parties and the relevant suppliers, the settlement invoice, and the accounting voucher: the party and Kathy The relevant agreement of the group, the copy of the business license of the party, the power of attorney, and the copy of the ID card of the client are used as evidence.
This Council believes that the above-mentioned acts of the parties violate the provisions of Article 8 of the "Anti-Unfair Competition Law of the People's Republic of China" and, in accordance with the provisions of Article 23 of the Administrative Punishment Law of the People's Republic of China, order the parties to correct the illegality. Act, and in accordance with the provisions of Article 22 of the "Anti-Unfair Competition Law of the People's Republic of China", the decision is as follows:
(1) A fine of RMB is collected and rounded;
(2) Confiscation of illegal income, RMB, and 10,000 yuan.
The manner and duration of execution of administrative penalties:
The administrative penalty for correcting the illegal act shall be performed on the date of receipt of the administrative penalty decision.
Within 15 days from the date of receipt of the administrative penalty decision letter, carry the "Payment Fines, No Collection Notice", and hand over the no-collection and fines to the specific collection agency of the Industrial and Commercial Bank of China or the Construction Bank. Among them, if the fine is overdue, the fine may be imposed on the daily basis according to the provisions of Article 51 (1) of the Administrative Punishment Law of the People's Republic of China.
If the party refuses to accept this penalty decision, he may apply to the Shanghai Putuo District People's Government or the Shanghai Administration for Industry and Commerce for administrative reconsideration within 60 days from the date of receipt of this decision; or directly to the Shanghai Railway within six months. The transport court filed a lawsuit.
According to the "Provisional Regulations on Enterprise Information Disclosure" and the Provisional Regulations of the State Administration for Industry and Commerce on the "Interim Provisions on the Disclosure of Administrative Punishment Information of Industrial and Commercial Administrative Organs", the Bureau will publicize administrative punishment information through the corporate credit information publicity system, portal websites, and professional websites.
Shanghai Putuo District Market Supervision Administration
December 8, 2017
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