...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Kellie L. Plowden LEG 500 Doris Mitchell December 12, 2013 Everyone knows that direct- to consumer-marketing is focused on the patients. There are a lot of ways to get the attention of these patients. Advertising can be done through social media, print, radio, television, and word of mouth. “Prescription direct-to-consumer advertising has become a highly scrutinized and researched topic in healthcare marketing,” (Rollins, B.L., King, K. Zinkhan G., & Perri, M., 2011.). Banning direct-to-consumer would be very beneficial. The reason is because of the misconception and manipulation that it can cause the public. Especially when the elderly began focusing on what is being said. “The PhRMA “Guiding Principles” say that DTC ads should foster responsible communications between patients and health care professionals to help patients achieve better health.” (Stange, K.C., 2007). However, manipulating the public by distributing placebos to one group of people and the actual drug to another group of people is a bad way of communication. People who are on the state boards regulate compounding but the federal also has a part in it. According to Roth, “The FDA’s Office of Criminal Investigations (OCI) is working to monitor the schemes that have been going on with the compounding pharmacies.” Even though the FDA is aware of how law resources are needed, and how to direct the compounding...
Words: 2085 - Pages: 9
...Ethical and Legal Considerations Paper The ethical considerations that I believe you need to consider is if the test is a fair test. For example, if you administer a test that only is going to let one type of person through you are limiting the position to the point where it could be unfair for the candidates and limits the possibilities of people you will get. Another ethical thing you need to consider is the information you are trying to receive. If you were to administer a personality test because the last person you had didn’t mesh well with your team that isn’t very ethical. There are several legal considerations that you must consider. First you need to decide if the test you are giving is valid for the position you are giving it for. For example, it is valid to give a basic math test to someone that is applying for a bank position, or a typing test to a person applying for a data entry position. However, it wouldn’t be valid to give a switch them up by giving the basic math test to the data entry person because math skills do not apply to data entry so to do this would be against the law. Another thing one must do is if you decide to test for something valid you must give the test to every applicant that has made it to this step in the application process. If you do not you open yourself to a lawsuit for discrimination. For example, if you are giving swim tests for a lifeguard position you cannot just test someone because you think that they looks like they are...
Words: 590 - Pages: 3
...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...
Words: 3335 - Pages: 14
...Legal and Ethical Consideration in Healthcare A1. Addendum Addendum: Access to Information: Shadow Chart Policies Shadow charts are used to gather information for ancillary department that need to access some of part of a patients file. All informations in shadow charts should be copies and all original records should always remain in the patients primary chart. The patients main chart must contain the most up to date information and be available to any department that may need access to it. To accomplish this ancillary departments use shadow charts that contain copies of any information they may need. Shadow charts should be maintains with the same safety and security as a primary chart and must be kept in locked files with access limited to authorized personnel. A2. Information Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is unavailable...
Words: 1077 - Pages: 5
...In our society, we as consumers are continuously being bombarded by advertising ads on T.V and billboards and highways to promote the latest product. A user isn’t always looking at the product or reading product safety warning on the labels; they are only looking at who and what athlete and movie star promotes this latest product. For example, Pepsi, and always uses high profile athletes or famous people to promote its product. These ads provide a sublime message. These Ads are gear to get the consumer to buy their product. In order for me to be like LeBron James, I have to drink Gatorade. There has been a major shift over the last couple of years in product safety. According to Chandra, “product safety has become a major problem for businessmen, consumers and the government” (Chandran, 1979). Advertising can be both influential and persuasive. It presents an issue of product safety. The Consumer Product Safety Commission threatened to ask Congress to give it greater authority. Advertising is protected under the First Amendment, but there has to be limits. “While advertising does not directly contribute to all product related accidents, it does, inadvertently, have the power to promote unsafe behavior” (Chandran, 1979). Advertising indirectly contributes to the problem of consumer product safety. “Advertisers and advertising agencies should therefore do more to educate consumers in a safe and prudent use of products that are potentially hazardous for several reasons” (Chandran...
Words: 2321 - Pages: 10
...In our society, we as consumers are continuously being bombarded by advertising ads on T.V and billboards and highways to promote the latest product. A user isn’t always looking at the product or reading product safety warning on the labels; they are only looking at who and what athlete and movie star promotes this latest product. For example, Pepsi, and always uses high profile athletes or famous people to promote its product. These ads provide a sublime message. These Ads are gear to get the consumer to buy their product. In order for me to be like LeBron James, I have to drink Gatorade. There has been a major shift over the last couple of years in product safety. According to Chandra, “product safety has become a major problem for businessmen, consumers and the government” (Chandran, 1979). Advertising can be both influential and persuasive. It presents an issue of product safety. The Consumer Product Safety Commission threatened to ask Congress to give it greater authority. Advertising is protected under the First Amendment, but there has to be limits. “While advertising does not directly contribute to all product related accidents, it does, inadvertently, have the power to promote unsafe behavior” (Chandran, 1979). Advertising indirectly contributes to the problem of consumer product safety. “Advertisers and advertising agencies should therefore do more to educate consumers in a safe and prudent use of products that are potentially hazardous for several reasons” (Chandran...
Words: 2321 - Pages: 10
...Legal and Ethical Considerations in Employment Selection Cardinal Stritch University Cathy Carew Instructor John Koehler MGT-445 Human Resource Management II July 25, 2013 Legal and Ethical Considerations in Employment Selection Organizations use screening tools such as assessment tests, medical tests and drug testing to effectively find applicants or current employees that are best qualified for a particular job. There are legal and ethical considerations that need to be applied when using any type of assessment test, or medical and drug testing; the selection process should follow federal employment laws, show reliability and validity, exclude bias, as well as protect the test taker’s individual rights and security of information. Assessment tools that are used by employers to make hiring decisions must follow professional and legal principals. Employment laws and regulations disallow discrimination and give equal employment opportunities for all. The U.S. Department of Labor Employment and Training Administration created an assessment guide for organizations to use as a guide in the employment selection process. In the assessment guide Title VII of the Civil Rights Act of 1964 and the Tower Amendment to Title VII state that professionally developed workplace tests can be used to make employment decisions only if the test does not discriminate against any one particular group (U.S. Department of Labor Employment and Training Administration, 1999). ...
Words: 1108 - Pages: 5
...WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS IN PRE-EMPLOYMENT TESTING? WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS IN PRE-EMPLOYMENT TESTING? There are many ethical and legal considerations to take into account when employers conduct pre-employment testing. Prior to implementing a testing program, employers would be wise to seek legal advice to confirm that the testing will not violate any employment or EEOC laws. It is important that tests be reviewed by professionals for reliability and validity to ensure that the characteristics and skills being tested are relative to the job’s essential functions and to be sure that the test is not conducive to bias and/or creating an adverse impact on any class of applicant. Any applicant taking a pre-employment test has the right to privacy and feedback under the American Psychological Association’s (APA) standard for educational and psychological testing. This particular list of rights is not legally enforceable, but the items on the list are ethical considerations of which employers who wish to be viewed as reputable and credible should be aware. These ethical considerations from the APA state that applicants who take pre-employment tests should be able to expect the following rights: * The right to the confidentiality of test results. * The right to informed consent regarding use of these results. * The right to expect that only people qualified to interpret the scores will have access to them, or that sufficient...
Words: 611 - Pages: 3
...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...
Words: 3396 - Pages: 14
... Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Samuel Morgan Professor: Christina JG Williams, Esq. LEG 500 – Law, Ethics, and Corporate Governance May 21, 2015 Abstract The relationship between legal and ethics has long been strained and confusing to understand. In today’s business, ethics actually consist of a subset of major life values learned since birth. Many in business use these life values to make decisions that have been passed down from family, educational and religious institutions. However, the message is not the same and each business person will apply their own unique interpretation. Nevertheless, everyone must have an ethical base that applies to conduct in the business world and in personal life. Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Legal and Ethical considerations are a viable element in marketing, product safety and intellectual property, yet there continues to be the secret and unpredictable element that each organization cannot control, the employee. Ethical or unethical behavior is not entirely an issue of the character of the employee; it is determined by a lot of factors. Employees or people are influenced by the forces surrounding them – their peers, their superiors, the reward system, group norms, and organizational policies and values. In this assignment, we will revisit the organization PharmaCARE and how legal and...
Words: 3933 - Pages: 16
...March 3, 2016 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...
Words: 2197 - Pages: 9
...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...
Words: 3153 - Pages: 13
...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Wanda T. Diggs Professor William Stone Law, Ethics and Corporate Governance – LEG-500 March 18, 2014 Abstract The PharmaCARE scenario is a case study based on a real life tragedy. Corporate corruption is alive and well and, as this case proves, unethical corporations will break the law for extra profit. Utilitarian ethics should be considered when in the business of providing consumable products to the public. Unfortunately, there are pharmaceutical corporations operating in the U.S. who are not abiding by the law and who are endangering public safety. Introduction This case study involves a pharmaceutical company that violated the intellectual property rights of a foreign nation; violated state compounding regulations, and violated product safety laws. The company established a compounding pharmacy to mass-produce a new drug formulation that executives believed would earn huge profits. The most disturbing aspect of this case is that there was a tremendous loss of life as a result of the company’s decisions. The federal government has granted authority to the Food and Drug Administration (FDA) to ensure drugs are safe for human consumption. Today, the FDA faces obstacles relating to lack of oversight control, funding, and human resources needed to provide adequate oversight over compounding pharmacies. This paper covers a broad-brush of ethical and legal issues relating...
Words: 3015 - Pages: 13
...by Fred Sand Professor Newcomb, Legal – 500 February 27, 2014 compared The 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...
Words: 1850 - Pages: 8
...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...
Words: 2257 - Pages: 10
