...Coretta Brown Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG500 August 25, 2014 Write an eight to ten (8-10) page paper in which you: http://www.insidebusiness360.com/index.php/ethical-issues-faced-by-marketers-18696/ Legal and ethical situations have been a topic in the business world since day one. Legal and ethical can sometimes be confusing in the work place if there are not rule and regulation to abide by in the organization. Legal is an act according to law, not in violation of law or anything related to the law. Ethical involving questions of right and wrong behavior relating to ethics and following accepted rules of behavior that are morally right and good. 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Marketing is the total of activities involved in the transfer of goods from the producer or seller to the consumer or buyer. Advertising is the act or practice of calling public attention to one's product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, and on billboards. According to Mathenge,“Over the years, advertising and marketing communication messages have created a lot of debatable ethical issues, due to the public belief , that advertisements...
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...Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Legal and Ethical considerations are a worthwhile element in marketing/advertising, product safety and intellectual property, however there continues to be the stealthy and erratic element that each company cannot control and that is the employee. Ethical or unethical behavior is not completely an issue of the charisma of the employee, but it is defined by many factors. Employees are encouraged by the forces that are around them. Some of these are their peers, supervisors, compensation system, and administrative policies. There are many...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Daniel A. Sievers Professor: Joe McGirt Strayer University LEG 500 12/01/2014 Research three to five issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. There are many issue’s relating to advertising, intellectual property and regulation in today's workplaces. All phases of marketing and advertising mix are subject to laws and limitations. Every marketing supervisor will be faced with how they must discuss ethics and law when marketing their products. Any marketing manager understands that there are cut and dry solutions to ethical issues that will occur during the normal course of business (Pharmaceuticals, n.d.). The Bureau of Consumer Protection’s places everything in perspective that all communication in the United States must be truthful. The Federal Trade Commission Act (FTC) looks for dishonesty and deception towards customers that try to change their decision to purchase medications. FTC monitors truth-in-advertising laws especially with kids, but there have been a lot of immoral practices in advertisements over time. The most moral decision is not to promote to children but in this case to the parent. Children's ad urges children to get dependent on products that induce on social development (Media, 2004). Cigarette advertising is matched to marketing consumers...
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...Legal and Ethical Consideration in Marketing, Product Safety, and Intellectual Property Terra Bradley LEG500, Law, Ethics, and Corporate Governance Professor Lateefah A. Muhammad 17 March 2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property In this paper I will identify three ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. I will argue against Direct-to-Consumer (DTC) marketing by drug companies. Next I will determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could or should have done, and whether the FDA should be granted more power over compounding pharmacies. I will decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in accordance with Utilitarianism; Deontology; Virtue Ethics; my own moral and ethical compass. Afterwards, I will analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. Then I will suggest at least three ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. I will compare PharmaCARE’s actions with those of at least one real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. I will also determine the...
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...Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Kemal Cankaya Strayer University Law, Ethics, and Corporate Governance Prof. Augustine S Weekly December 15, 2013 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. With the globalization in world economy, business ethics became indispensable neces- sity for companies. Business to business ethics of appropriate behaviors in the long term success of businesses in a positive direction, otherwise it has been the power to adversely affect the behavior. As a result, the collapse of ethical scandals have emerged released in the United States of America and Europe. Business, which clearly indicates the necessity and importance of business ethics ethics have valuable lessons from the collapse. Ethical issues at Marketing Nowadays, marketing ethics, ethical issues comes up with sales-related studies and sensitivity in the community. This aspect of the business from a societal perspective should insist on the importance of ethical practices. As a result of marketing activities by the community due to the high impression, often come up with moral problems in the advertising, personal selling, market research and international marketing issues are seen to be available to unethical behavior. Especially in the 1970s and 1980s, various scandals...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Legal 500 Professor Carter Introduction In the book Pharmaceutical Ethics, Jon Merrills’ defines ethics as: * Ethics is the systematic study of what is right and good with respect to conduct and character. * The beliefs and behaviors to which members of the profession subscribe. * A critical evaluation of assumptions and arguments. * A discussion about what ought to be done or ought not to be done. Using Merrill’s’ definitions as a rough guide we can evaluate the legal and ethical decisions of PharmaCARE’s use of the diabetic drug AD23 in slowing the progression of Alzheimer’s disease. The drug was reformulated to maximize its effect on Alzheimer’s treatment however, PharmaCARE took actions to avoid the Food and Drug Administration in the reformulated drug for Alzheimer. PharmaCARE setup its own pharmacy company CompCARE to sell the new formulation to the public. CompCARE was able to take advantage of PharmaCARE’s databases, networks, and sales and marketing expertise to create a high demand of the product. Once the high demand was there, CompCARE started to advertise AD23 directly to consumers and marketing the drug directly to hospitals, clinics and physicians. After the success of AD23 CompCARE was sold to WellCO. Two weeks later AD23 was linked to 200 cardiac deaths. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Amanda Terry Professor: Dr. Michael Hanners LEG 500- Law, Ethics, and Corporate Governance March 12, 2015 Introduction John, a former research employee at PharmaCare pharmaceuticals, asked my law firm to represent him as a client. He expressed his concerns about his involvement with PharmaCare’s top-selling drug AD23. John and his team of pharmacists discovered that the drug could slow down the progression of Alzheimer’s. Therefore, his team reformulating the drug to maximize the effect of the drug without the approval from Federal and Drug Administration. In this paper, I will evaluate three ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety, as well as, analyze whether PharmaCare violated any of the issues in questions. I will argue the pros and cons of Direct-to-Consumer (DTC) Marketing by drug companies. I will determine which parties were responsible for regulating compounding pharmacies under the current regulatory scheme. Also, the actions that either party, or the FDA could/ should have taken in this scenario; whether PharmaCare could face legal exposure surrounding its practices. I will analyze whether or not the PharmaCare used U.S. Law to protect its own intellectual property, and if John (the client) has any claim of being the true “inventor” of AD23. I will present at least three ways the company could...
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...LEGAL AND ETHICAL CONSIDERATIONS 4 RUNNING HEAD: LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY [Student Name] [Instructor’s Name] [Date] [Course Name] Introduction This paper is concern with legal and ethical issues in advertising, marketing, regulations and intellectual property of product safety with respect to PharmaCARE which is a pharmaceutical company. The paper includes the information regarding drug companies, Direct to Consumers (DTC) marketing. Next we will determine the role of Food and Drug Administration (FDA) in regulatory schemes of pharmacies and determine that whether FDA empower over compounding pharmacies. In this paper, I have to make decision about PharmaCARE that whether the company use of intellectual property of Colberia. After this, I will analyze PharmaCARE ways to use US laws to protect intellectual property to coop with intellectual property in Colberia. To compensate the people of suffered from damages due to usage of AD23 will be studied and different suggestions will be made to compensate them. In the end, three changes will be recommended to PharmaCARE to go forward ethically. 1-Ethical issues relating to marketing and advertising, intellectual property, and regulation of product...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Ervin Coburn Dr. Redmon LEG 500 December 15, 2013 Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Marketing and advertising are the main channels that all companies use to get access to the customers and present their products to the potential customers. These have a very huge impact on the sales and the overall profit that the company will get. Every company must put into consideration all the legal and ethical issues to ensure that they attract more customers to buy their products hence maximizing their overall profits. Failure to put into consideration the ethical and legal issues in marketing will repel the customers from the company hence low sales and this may put any company out of business. The legal issues related to marketing and advertising include the laws and regulations that are laid down regarding marketing and adverting. Every state has statutes and general laws that dictate how marketing and advertising has to be carried out. From whatever area that the company operates, it has to follow the laws about marketing and adverting. Failure to follow the laws may put the company in legal problems which may be very costly and affect their profit margins. Such legal problems may also destroy the reputation...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Ervin Coburn Dr. Redmon LEG 500 December 15, 2013 Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Marketing and advertising are the main channels that all companies use to get access to the customers and present their products to the potential customers. These have a very huge impact on the sales and the overall profit that the company will get. Every company must put into consideration all the legal and ethical issues to ensure that they attract more customers to buy their products hence maximizing their overall profits. Failure to put into consideration the ethical and legal issues in marketing will repel the customers from the company hence low sales and this may put any company out of business. The legal issues related to marketing and advertising include the laws and regulations that are laid down regarding marketing and adverting. Every state has statutes and general laws that dictate how marketing and advertising has to be carried out. From whatever area that the company operates, it has to follow the laws about marketing and adverting. Failure to follow the laws may put the company in legal problems which may be very costly and affect their profit margins. Such legal problems may also destroy the reputation of a company making the potential customers as nobody wants to be involved with...
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...Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Submitted by: Professor: LEG 500 Date of Submission: Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. The ethical issues are based on the social code and daily morality. Since the discussion is based on customer loyalty, stem cell research and abortion. Yet this invokes some serious arguments which proves that there are ethical issues which are yet of considerable concerns and need to be addressed. The ethical issues that are faced by the company mostly revolve around the morals and principles of the right and the wrongful actions. Here the focus is also on the moral approvals in terms of the what is viewed correct by individuals in certain professions. The main ethical issues however arise from advertising, personal selling, suppliers, contracts and pricing. Some of the main ethical issues that relate to the business are based mainly in terms of market research, audiences and pricing. The market researches can invade the privacy of the customers. In addition, in terms of the research, there is a high chance that these can be conducted based on stereotypes, which can be unethical. It is important for companies to use the market research as a means of marketing and a means to attain feedback for...
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...remainder of the document will discuss and examine law suites held against PharmaCARE and various ethical dilemmas the company may encounter. On August 17, 1997, executives around northern New Jersey’s drug corridor, where most of the international Pharmaceutical companies have their headquarters, mobilized for action” (Aitken & Holt, 2000, p. 82). According to Aitken and Holt (2000), this was the day that the US Food and Drug Administration issued temporary guidelines the, for the first time, permitting the drug makers to specify the uses of their prescription remedies in their radio and television advertisements (p. 82). Marketing and advertisement has been around almost since the beginning of time. One of the ethical dilemmas concerning television and radio advertisements for prescription drugs is the potential for the consumer to self-prescribe or evaluate their symptoms. According to the U.S. Food and Drug Administration (2013), doctors believe that patients understand that they need to consult a health care professional about appropriate treatment (p.1). On the other hand, it could be possible for the patient to adapt their own symptoms for the sake of obtaining a desired medication. “Intellectual property (IP) is the work product of the human mind. Novels, paintings, computer programs, songs and inventions are all examples” (Halbert & Ingulli, 2012, p. 316). “Activist caution that the rights created by intellectual property laws grant monopolies that can stifle not...
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...Class Policies: Attendance Policy Students are expected to attend all regularly scheduled classes. Should absences be necessary, students are responsible for the material covered during the absences. Faculty cannot grant requests for excessive amounts of make-up material, and they may request written documentation detailing the reason for the absences. Excessive absences make it almost impossible for a student to meet the academic objectives of a course; they frequently cause a student to receive a lower grade, even though, the absences were unavoidable. Strayer University requires all faculty members to take attendance during each class period and to record it accurately on their permanent roster. This data is available for verification of attendance by the appropriate governmental agencies and educational accrediting organizations. A student who is absent from four consecutive class meetings, excluding holidays and emergency cancellation of classes, will be withdrawn automatically from that course. A student will be withdrawn automatically from a mini-session course when he/she misses two consecutively scheduled class meetings. Students not attending scheduled on-ground classes will receive zero points for the weekly discussions. Students arriving to class (or leaving class) more than 30 minutes late/early will receive a 2 point deduction for all discussions. Students arriving (or leaving class) more than 1 hour late/early will receive a 5 point deduction for all...
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...Interests Tracy L. Gonzalez-Padron1 and Robert W. Nason2 Journal of Macromarketing 29(4) 392-405 ª The Author(s) 2009 Reprints and permission: http://www. sagepub.com/journalsPermissions.nav DOI: 10.1177/0276146709344954 http://jmmk.sagepub.com Abstract The authors provide evidence that firms can enhance their own objectives by internalizing the objectives of most stakeholder groups. This suggests that society’s objectives, as defined by stakeholders to the firm, can be augmented by the self-interest motivation at the heart of a market system. Specifically examined was the impact of stakeholder responsiveness on innovativeness. The second objective of this study was to explore the impact of compliance-based versus strategic-based regulation approaches on firm innovation and overall corporate social responsibility (CSR). Findings suggest that regulatory responsiveness decreases innovation when firms expend resources only on compliance. Firms adopting strategic-based approaches, such as voluntary regulatory...
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...insights into the evolution of barriers to enter and exit the industry for prescription pharmaceuticals, while aiming to help students to recognise how to set boundaries for an industry. This is a detailed industry note on the “ethical” pharmaceutical industry which provides an opportunity to analyse key success factors of major players. The note centres on a descriptive overview of the predominant issues in the three major Triad market areas: the US, Europe and Japan (although major issues in emerging markets are also mentioned). The note covers the overall industry environment with in-depth discussion of the driving forces in the industry such as globalisation (in particular global regulatory issues, changing world demographics and worldwide pricing disparities); development of new technology; the importance of time to market; and amalgamations. The case also examines issues around corporate social responsibility. 2. Position of the Case The pharmaceutical industry case study lends itself to: • assessing an organisation’s competitive environment, using the following analysis frameworks: – PESTEL, – Porter’s five forces, – Scenario planning; • • • discussing issues around co-operation and alliance; establishing the role of critical (winner) products for big drug companies; assessing the role of ethics in corporate strategy; and 187 © Pearson Education...
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