FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16
of the Securities Exchange Act of
1934
July 31, 2006
Commission File Number 001-14978
SMITH & NEPHEW plc
(Registrant's name)
15 Adam Street
London, England WC2N 6LA
(Address of registrant's principal executive offices)
[Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.]
Form 20-F X Form 40-F
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[Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(1).]
Yes No X
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[Indicate by check mark if the registrant is submitting the Form 6-K in
paper as permitted by Regulation S-T Rule 101(b)(7).]
Yes No X
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[Indicate by check mark whether by furnishing the information contained
in this Form, the registrant is also thereby furnishing information to the
Commission pursuant to Rule 12g3-2 (b) under the Securities Exchange Act of
1934.]
Yes No X
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If "Yes" is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2 (b) : 82- n/a.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
Smith & Nephew plc
(Registrant)
Date: July 31, 2006
By: /s/ Paul Chambers
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Paul Chambers
Company Secretary
Smith & Nephew statement
31 July 2006
Smith & Nephew plc (LSE: SN, NYSE: SNN) ("Smith & Nephew" or "the Company")
today released the following statement.
Following receipt of the U.S. Department of Justice's investigative subpoena
previously disclosed by the Company on June 30, 2006, Smith & Nephew instituted
an internal investigation in order to cooperate fully with the Justice
Department. Through this internal investigation it has come to our attention
that an independent orthopaedic sales representative under contract to the
Company sent an email on October 28, 2005 to competitors. That email appears to
have resulted from a hospital's request for proposals from the Company and its
competitors regarding their orthopaedic implant products. The email proposed to
the Company's competitors that they join in a coordinated response to the
hospital's request. That email was in clear contravention of Smith & Nephew's
policies and was not authorised by Company management. To the best of the
Company's knowledge, the October 28, 2005 email was never acted upon by the
Company or any of its competitors in responding to the hospital or any customer
and resulted in no anti-competitive agreement. The independent sales
representative and the Company no longer have a business relationship.
Smith & Nephew is committed to complying with all laws and regulations and to
having the highest standards of ethical business practice. Smith & Nephew
continues to cooperate fully with the Department of Justice in this
investigation.
The investigation is ongoing and Smith & Nephew can provide no assurance as to
the final outcome. Therefore, it would not be appropriate to comment further.
The provision of the information above should not be construed as an intention
on the Company's part to provide further updates except as legally required.
Enquiries
Investors/Media
Deborah Scott
Financial Dynamics - London Tel: +44 (0) 20 7401 7646
Media
David Yates Tel: +44 (0) 20 7831 3113
Financial Dynamics - London
Jonathan Birt Tel: +1 (212) 850 5634
Financial Dynamics - New York