...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...
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...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...
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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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... 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...
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...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 and advertising...
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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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...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...
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...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...
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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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...PharmaCARE Company is a well successful pharmaceutical company known to produce high quality products that have saved millions of lives and enhanced a quality of life to others. The Company is recognized for offering free and discounted drugs to low-income consumers, and has a foundation that sponsors healthcare educational programs and scholarships, and its CEO serves on the PhRMA board. The company is located in New Jersey, and maintains a large manufacturing facility in the African nation of Colberia. In this, paper I will review questions that arose from a given scenario that PharmaCARE Company encountered while they reformulated one of its top-selling diabetes drug. PharmaCARE established a wholly-owned subsidiary called CompCARE to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. I will highlight the negative impacts the new drug caused to individuals, and the negligence the company had towards the working condition of its employees. Determination of all the stakeholders in the given scenario Stakeholders are defined as individuals who are involved in, have a vested interest in, or a “stake” in the success of an organization (Merriam-Webster, 2011). Internal stakeholders will participate in the strategic development of coordinating resources to fund and sustain an operation, whereas external stakeholders are not directly connected to the organization; however, they are vested in the company success as clients, business...
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...Security Concerns Kudler Fine Foods is an upscale food specialty store with three locations in the San Diego metropolitan area. The needs of the customers and overall satisfaction is the main mission that Kudler strives to uphold. Kudler Fine Foods has experienced significant growth and is now focused on expanding services, improving the efficiency of its operations and increasing the consumer purchase cycle as a means to increasing the loyalty and profitability of its consumers (Apollo Group Inc., 2013). Kudler must first review the legal, ethical, and security concerns as well as any financial concerns contained within the cost of this new Frequent Shoppers Program. Legal Considerations In creating this new program, Kudler must first address any Legal issues with this new system. Protecting the customers’ privacy rights must first be researched and taken into consideration. In obtaining customer information that could be used to personalize marketing campaigns, recommendations and discounts, Kudler will need to understand that the customer must be balanced against the individual's need for privacy. In collecting the information, Kudler must fully disclose what information is collected and how it will be used by Kudler and possible third party vendors, so the customer's informed consent can be secured. Adhering to the Privacy Act of 1974, Kudler “shall not disclose any record which is contained in a system of records by any means of communication to any person, or to another agency...
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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...
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...Non-Compliance Report To: CEO, Executive team Purpose: The intent of this document is to discuss the recent discovery of trace amounts of lead in the whistles to be included in the Elementary Toy Collection (ETC). It details the situation, list three alternative solutions for your consideration, and gives a recommendation to the preferred alternative. Further the idea of a Code of Ethics will be presented with the benefits laid out as well as a case study of one of our competitors and their success with a code of ethics. The ultimate purpose of this document is to find an ethical solution to the current whistle problem, and create a plan to avoid such issues in the future. Situation: During production random testing is preformed to verify compliance with U.S. standards. The (ETC), with an intended audience of young grade school kids, contains a small metallic whistle. This whistle is manufactured here in our Salt Lake manufacturing facility. Post production testing showed trace amounts of lead which is just outside of U.S. allowed amounts for children 7 and younger. The whistles have already been packed in the ETC; the first large shipment is scheduled to be sent out at the end of the week to schools in South America. The lead problem has been identified in the manufacturing process and has been corrected; new whistles being produced are within acceptable limits of lead. The cost estimate to replace the whistles in the ETC units with defective whistles is roughly...
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...which specializes in the highest quality specialty food items both imported and domestic. There are three stores in the San Diego area, they are in La Jolla, Del Mar and Encinitas. The departments within each store are: • Fresh Bakery and Pastries • Fresh Produce • Fresh Meat and seafood • Condiments and packaged Foods • Cheeses and Specialty Dairy Products The founder and owner Kathy Kudler put in a service request to develop a system that tracks customer purchases. This system will award loyalty points in a frequent shopper program. Before they implement the program Kudler Fine Foods will need to research several business considerations to ensure they keep their customer’s information safe and secure. These considerations include legal, security and ethical implications. In this paper I will detail the legal, security and ethical considerations of e-commerce. The paper will also detail a point-of-sale system that will be used to track Kudler’s customer’s purchases and award points. In conclusion a description of the financial analysis that will show why the expenditure or this program is justified for use at Kudler Fine Foods. Frequent Shopper Program Kudler Fine Foods would like to develop a frequent shopper program. A program such as this will track a customer’s purchases at the point of sale and reward them with points. The customer can use accumulated points to be redeemed later for gift items or other products. Not only will this program award loyalty points, but...
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...Frequent Shopper Program is what the store wants to form for their Electronic Commerce Business. In today’s retail business, the Frequent Shopper type of program is become ever more popular. For Kudler Fine Foods, they are planning to create this type of Frequent Shopper program for its Electronic Commerce Sector. Under this program, the store must follow several different steps. A POS (point of sale) system and an online database to store shopping history are systems that will be a must to be set up by Kudler Fine Foods. Frequent shopping discounts will be provided by the point of sale system communicating with the database. Kudler Fine Foods must put to consideration many business considerations such as legal, ethical, security and many others in order to develop this type of program. Multiple different legal considerations must be considered by Kudler Fine foods for conducting business through Electronic Commerce in developing the Frequent Shopper Program. For example, the...
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