PROFESSIONAL MARKETING: Update by ProQuest

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									PROFESSIONAL MARKETING

   Update
   Access Pharma
   signed an agreement
                                   Dept of Labor backs reps on OT pay
   with iMedicor for the           THE US DEPARTMENT of                                                      qualify for an administrative
   North American commer-          Labor (DOL) filed an amicus                                               exemption either—a second
   cial launch of MuGard, its      brief with a federal appeals                                              provision in the law that would
   FDA approved mucoad-            court in support of Novartis                                              prevent overtime pay—since
   hesive oral rinse for the       sales reps fighting for overtime                                           reps are obligated to adhere to
   management of oral              compensation.                                                             a “core message” provided by
   mucositis and stomatitis           DOL filed the brief after a                                            Novartis, such as clinical studies,
   caused by radiotherapy          district court in New York “com-                                          brochures or other scripted sales
   and/or chemotherapy.            mitted legal error” by classifying                                        materials.
   MuGard is being com-            Novartis reps as “outside sales,”                                            While DOL concedes that
   mercially launched world-       a designation exempting them                                              reps do exercise some discre-
   wide, with initial launches     from overtime pay under the                                               tion when it comes to meeting
   in the United Kingdom,          Fair Labor Standards Act.                                                 with physicians—specifically
   Germany, Italy, Norway             Sales representatives on a                                             what time of day to visit a phy-
   and Greece having been          detail do not qualify as outside                                          sician and how to best execute
   previously announced.           sales personnel, since they don’t    DOL secretary Hilda Solis: OT        their presentations, for example
                                   make direct sales as defined by       pay should be given to reps          –“they do not exercise discre-
   Ariad Healthcare                the exemption, according to the                                           tion and independent judgment
                  will be EMD      DOL brief.                              “Although the reps’ duties        with respect to matters of signifi-
                  Serono’s            “The reps do not sell or take     bear some of the indicia of          cance,” according to the brief.
                  lead market-     orders for Novartis’ drugs; rath-    sales…the fact that the reps do         Over 2,500 reps working for
                  ing agency       er, they provide information to      not actually ‘make sales’ con-       Novartis in New York, California
                  in Canada        target physicians about Novartis’    clusively demonstrates that the      and other states comprise the
                  for Multibi-     drugs with the goal of persuad-      position is not that of an outside   plaintiffs in the case. The case
   onta Probiotic Multivita-       ing the physicians to prescribe      salesperson,” according to the       will be held in the 2nd US Cir-
   min beginning in 2010.          those drugs to their patients,”      brief.                               cuit Court of Appeals.
   Ariad’s work on Multibi-        the brief stated.                       DOL said the reps don’t        
								
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