How many solicitations has your practice received in the last year to purchase flea and tick products or medications to sell to a third party distributor? These solicitations can seem relentless, clogging the fax machine, arriving through snail mail, it just doesn’t seem right, right? And then it’s even more frustrating to see products that are in our practices on the shelves in big box stores, online or even at the local pet store. Have you had that conversation with a sales representative on how that product ended up on the rogue shelf? They are most likely going to say it ended up there through a diverting veterinarian.
Here are a two definitions from the AVMA Principles of Veterinary Medical Ethics to know. Ethical Product: a product for which the manufacturer has voluntarily limited the sale to veterinarian as a marketing decision. Such products are often given a different product name and are packaged differently than products that are sold directly to consumers. “Ethical products” are sold only to veterinarians as a condition of sale that is specified in a sales agreement or on the product label.
Veterinary Prescription Drug: a drug that is restricted by federal law to use by or on the order of a licensed veterinarian, according to section 503(f) of the federal Food, Drug and Cosmetic Act. The law requires that such drugs be labeled with the statement: “Caution, federal law restricts this drug to use by or on the order of a licensed veterinarian.”
The AVMA Principles of Veterinary Medical Ethics also states "It is unethical for veterinarians to use or permit the use of their names, signatures, or professional status in connection with the resale of ethical products in a manner that violates those directions or conditions specified by the manufacturer to ensure the safe and efficacious use of the product."
From the ethical standpoint product diversion seems pretty cut and dry as a big no! However, it still happens and will most likely continue. Some manufacturers have created complex track and trace methods to keep their products in the veterinary practice. Those same manufacturers will close your account if they find products sold to a specific doctor on retail shelves. Support the companies that support the veterinarian and the profession.
Take the time to review your sales agreements with the manufacturers your practice works with. Ask what steps are being taken to prevent product diversion. Also take the time to review the AVMA Principles of Veterinary Medical Ethics with your doctors and staff. Following these established principles is in the best interest of the individual doctors, the practice and the overall profession.