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The UK medicines regulator is studying evidence with a view to a possible criminal prosecution of Swiss pharmaceutical company Roche for selling its weight loss drug xenical to a man who was not legally qualified to purchase it. The company also offered £55,000 to the man to help in buying another slimming clinic which would have further boosted prescriptions of the drug.

In July the Association of the British Pharmaceutical Industry suspended Roche of six months and accused it of bringing "discredit on the pharmaceutical industry" for selling large amounts of the drug to Robin Huxley who ran a slimming clinic in Barnsley. Huxley was sentenced to 14 months' imprisonment in March following an MHRA prosecution for illegally selling weight-loss drugs including Xenical.

In a statement issued today the MHRA said: "The evidence held by the MHRA in it's criminal investigation, concerning Roche and Robin Huxley, is currently being reviewed. We will also review any new evidence which may come to light, as part of this investigation. A report will be then submitted to Government prosecution lawyers, once our investigation has concluded. As this is an ongoing investigation, the MHRA is unable to disclose any further details at this time."

The appeal board of the Prescriptions Medicines Code of Practice Authority, which monitors compliance with ethical guidelines, upheld an initial ruling calling for Roche's suspension and said the company would be readmitted to membership only if it passed an audit in September.

But the board found Roche did not take sufficient steps to ensure sales of xenical to Mr Huxley were "appropriate" or to verify he was a pharmacist, while a covert inspection by a Roche employee suggested that "to the lay person the owner would have passed as a doctor".

The appeal board also found that the £55,000 Roche offered Mr Huxley to purchase another clinic was for "the potential increased used of Xenical".

Roche this morning issued a statement saying. "We are aware of media coverage today regarding the anti-obesity medicine xenical (orlistat). Roche will work with the MHRA as appropriate as their investigation proceeds."