The biggest change to the PhRMA Code is a change that has now been added to Section 2, which is the section on informational programs with meals that reps have in the regular course of their day-to-day activities.
The revised Code adds the following language to Section 2: “Incidental meals can be provided only where there is a reasonable expectation, and reasonable steps are taken to confirm, that each attendee has a substantive interaction or discussion with the company representative. Offering ‘grab-and-go’ meals is not appropriate.”
So, not only is “incidental” used in a provision that we’re focused on, but it is also one of the only changes. Now, it says it is appropriate for “occasional incidental meals”. The previous version of the Code said, “occasional meals”.
The change that they’ve added is reiterating the concept of what the true purpose of the meal is supposed to be.
The justification for the meal is to facilitate legitimate educational interaction. If you have a situation where your reps are going in and people are receiving meals yet they did not participate in that interaction, that just looks like a gift that you gave to whoever would have received that meal.
Interestingly, Section 2 has always generally suggested that you should be providing meals to folks who attend the presentation. Then, of course, anyone who’s receiving the meal needs to be hearing and participating in the presentation. So, the change that they have included here is like a real strong recognition of how things have been devolving over time in the field.
In some cases, if you think about Covid, in particular, it’s even harder to confirm whoever received a meal participated in the presentation. There is a real focus now, that may even require some type of operational changes for some companies or policy changes, procedures, or changes. Because the Code now says the meals that your reps are providing, most practically, there should be a reasonable expectation and reasonable steps are taken to “confirm” that each attendee has a substantive interaction or discussion with company representatives.
This is a very important change to the Code, important enough to not be ignored or brushed aside. Some compliance officers believe this is the most important change to the Code.
Other Relevant Reads:
