Local pharmaceutical company Bell-Kenz Pharma Inc., which is under investigation by authorities for allegedly giving doctors big incentives in exchange for prescribing its products to their patients, is planning to sue some personalities for supposedly maligning its reputation.
“We are preparing criminal actions against those posting online malicious accusations against Bell-Kenz and the doctors. Those are malicious and baseless allegations,” Bell-Kenz spokesperson Dezery Perlez said at the Kapihan sa Manila Bay Forum on Wednesday.
However, she did not provide details, including the names of the persons they would be suing for cyberlibel. According to Perlez, the “malicious and baseless” accusations have compromised the privacy and safety of Bell-Kenz shareholders and their affiliated physicians, some of whom were connected to the state-run Philippine Heart Center. Several of their doctors have also received threats to their lives, she added.
Asked if they believed that rival pharmaceutical companies were involved in the online attacks, she said it was possible.
Perlez and another company lawyer, Alex Avisado, denied that Bell-Kenz was involved in a multilevel marketing scheme, adding that affiliated doctors were complying with the law by prescribing not only their products but the generic equivalent of these as well. 30 percent cheaper
They also said that Bell-Kenz medicines were, in fact, “30 percent cheaper” compared to other leading brands.
Bell-Kenz chair Dr. Luis Raymond Go earlier said they welcomed the ongoing investigations, particularly the one being conducted by a Senate committee, which they hoped would result in clearer guidelines on doctors disclosing their financial relationships with pharmaceutical companies.
Under Department of Health (DOH) Administrative Order No. 2021-0036, pharmaceutical companies are required to disclose their financial relationships with hospitals and physicians to the Food and Drug Administration (FDA) and DOH Public Health Ethics Committee. Failure to comply will be considered a violation of Republic Act No. 11223, or the Universal Health Care Act and may lead to penalties.
Aside from the Senate, the DOH, FDA, Professional Regulation Commission and Securities and Exchange Commission are conducting a joint investigation to hold accountable individuals, including physicians, found to have violated laws and regulations. The DOH noted that there was a conflict of interest in the current setup of Bell-Kenz and its affiliated physicians.
Doctors found to have colluded with the company to prescribe its products instead of generic drugs may be penalized for violating the Code of Ethics of the Medical Profession and RA 9502 (the Universally Accessible Cheaper and Quality Medicines Act of 2008).
Penalties include fines and imprisonment, plus the revocation of their medical license.