Premium Essay

Unethical Marketing of Prescription Drugs

In:

Submitted By doebop
Words 3386
Pages 14
Unethical Marketing of Prescription Drugs:
Misleading Direct-To-Consumer Advertising and Disease Mongering.

October 3, 2011
Unethical Marketing of Prescription Drugs
Introduction
The purpose of this ethical paper is to investigate the marketing tactics being used by pharmaceutical companies and discuss the ethical issues involved. The primary source of information discussed in this paper was gathered from analysis of business and scholar journals, case studies, and current news articles.
The main focus of my research was placed on the unethical practices of pharmaceutical companies and the current marketing regulations in the United States. The unethical practices primarily covered in this paper include disease/fear mongering, and the misuse of direct-to-consumer & physician-directed marketing to increase the profits of pharmaceutical firms. But before we get into the unethical practices taking place in today’s pharmaceutical industry, let’s take a look at the idea of ethics. So, what exactly is ethics? Merriam-Webster defines ethics as “the discipline dealing with what is good and bad and with moral duty and obligation,” and “a theory or system of moral values” (Merriam-Webster, 2011). As you can see, this is a complex but vague definition to say the least. In today’s world of international business where firms operate across cultural boundaries and face stiff competition in the fight for profits, it’s even more difficult to clearly define the meaning of ethics. While deep down, I have no doubt that most every person has their own ethical code, the questions still remains; on what values are these ethical codes based?
The truth about ethics is there is no exact definition that can be fairly applied to people. Some people base their ethics on religious views while others believe that being ethical is simply doing what the law requires.

Similar Documents

Premium Essay

Business Research Ethics

...the cost of goods. However, in more recent times there have been stories of unethical research that has taken place in society and rather than work toward managing a business for the better, we find that research was and has harmed companies and consumers involved. In 2007 and 2008 GlaxoSmithKilne was fined over $80,000 for the killing of 14 babies during an illegal lab research vaccine trial. Glaxo plead guilty and paid a criminal fine for misreporting data and failing to report adverse safety data from post marketing studies (Belkin), 2013). In July 2012, GlaxoSmithKline, also known as GSK, agreed to plead guilty and pay $3 billion to resolve the criminal and civil liabilities stemming from the unlawful promotion of prescription drugs. They failed to report safety data and falsified reporting practices. This is the largest health care settlement in the history of the United States. James M. Cole, Deputy Attorney General, is quotes as saying, “At every level, we are determined to stop practices that jeopardize patients’ health, harm taxpayers, and violate the public trust – and this historic action is a clear warning to any company that chooses to break the law” (US Fed News Service, pg. 1, paragraph 4, 2012). With the charges come strict requirements to increase accountability and prevent future misleading research and fraud. During the investigation it was found that three drugs were used under...

Words: 835 - Pages: 4

Premium Essay

Ethical Issues Relating to Marketing and Advertising, Intellectual Property, and Regulation of Product Safety

...1. Ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety Ethical issues differ depending on the social code and daily morality. The fact that discussions on stem cell research, abortion, and consumer loyalty still invoke serious arguments proves that ethical issues are still of considerable concern and should be addressed. Most ethical issues including those in the business sector revolve around moral or principles of morality, right, and wrongful actions, expressions of moral approvals in reference to principles of conduct generally viewed as correct by individuals in a particular profession or group. In the business world, ethical issues arise from advertising, personal selling, suppliers, contracts, and pricing. Some examples of ethical issues relating to business activities arise from market research, market audience, and pricing. Market research that invades the privacy of customers or research conducted based on stereotypes is unethical. During any company market research for purposes of marketing or attaining feedback on their performance, the research methods used should respect the rights of customers. Selection of market audience is also a common section of a business, which is likely to bring about unethical practices. It is unethical for companies to exclude potential customers from the target market. Discouraging some customers through selective marketing or targeting customers who are vulnerable such as...

Words: 3054 - Pages: 13

Premium Essay

Business Comtemporary

...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...

Words: 3408 - Pages: 14

Premium Essay

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 of a company making the potential customers as nobody wants to be involved with...

Words: 3396 - Pages: 14

Free Essay

Legal and Ethics

...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Leonard Allan Gulley II Strayer University Professor Muhammad 12-16-2013 Treat others the way you would like to be treated is the main principle of ethics. Ethics is also the moral value of what is right and what is wrong which we are taught when we are at the preadolescence age and continue to develop that trait as we mature through life (Resnik, 2011). It is also up to the individual or group of individuals on how they carry out their judgments on what is ethical or unethical behavior. This is also a problem because what one person may believe is ethical another person may disagree because every individual sees and handles each situation differently based on their knowledge and their core set of values. Even though there are laws set in place to dictate what is legal and what is illegal, laws and ethical values are not the same but ethics does play a significant role to determine the factors of a law (Resnik, 2011). Ethics is also important in the business world to ensure companies are morally doing the right thing. This is significant especially for consumers so that companies do not take advantage of them and if this is the case a company may face serious consequences for doing so (Sandilands,n.d.). In marketing and advertising it is a common occurrence for ethical values to be brought up as a lot of companies straddle the fence on this sensitive subject. It is up to both...

Words: 3814 - Pages: 16

Premium Essay

Tap Pharmaceutical Case

...paid billions of dollars in settlements for marketing fraud and kickbacks, leaving the physicians untouched. Physicians are profiting through payments from drug companies or they receive a cut of a company’s off-label marketing design. Physicians are obtaining these kickbacks because they are prescribing prescriptions that are not needed by the patient. Many lawsuits happen by previous workers of large organizations claiming the legal tender is made use for unlawful purposes; monetarily compensating physicians for prescribing their label medicine (Ornstein & Weber, 2011). In turn the physicians are putting patients at risk by using the drugs for unapproved illnesses. This frequent scenario most...

Words: 1026 - Pages: 5

Premium Essay

Res 351

...The Pharmaceutical Industry and Unethical Research Business Research Res/351 November 12, 2013 Aruna Abeyakoon The Pharmaceutical Industry and Unethical Research The pharmaceutical drug companies have a tendency to focus more on the sales and revenue than the research of any given product. This trend leads to misrepresentation of crucial scientific research on products. An article in The New York Times from December, 2005 reported scientific research fraud to be a growing issue impinging upon drug development. It appears that drug companies have interchanged the quest of treating and healing sickness and disease with the sole purpose of making money. Not only do the drug companies practice unethical research studies, but they also spend more money pushing the products then they do for the research of the drug. Two such companies have been accused, trialed and charged for smudging results and falsifying findings for lucrative benefits. Merck and Co. was accused of several unethical acts. Merck & Co. marketed a drug called Vioxx. The drug was said to have less gastrointestinal problems than its counterpart competition – naproxen. However, Vioxx had considerably more side effects including; heart attacks and strokes (Vershoor,C.C., 2006). The drugs were pulled from the market in September, 2004, but not before over 100 million prescriptions were filled. Merck & Co. (Gardinar, H. 2009). was also accused of misrepresentation or concealing of study results...

Words: 875 - Pages: 4

Premium Essay

Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property

...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 their performance...

Words: 2257 - Pages: 10

Free Essay

Legal and Ethics

...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Three Ethical Issues When looking at PharmaCARE’s relationship with the Colberians, you see that the company’s treatment of the indigenous population is unethical. In terms of intellectual property, the scenario in Assignment 2 highlights the exploitation of the Colberians. While the indigenous population freely shares their information about their cures, the company exploits them by not compensating them for their shared knowledge. According to labor laws, companies should work ethically and treat all of their employees fair -- not equal, but fair. Some employees, based on their position and level of responsibility, should be paid more and should receive better perks than others. However, the company is earning millions of dollars from the knowledge being shared by the healers, and its executives live in luxury with swimming pools, tennis courts, and a golf course, while the Colberians continue to live in huts without electricity or running water. If the company compensated the healers for their intellectual property, the Colberians could improve their living conditions. PharmaCARE is taking advantage of this group of stakeholders because the healers are uneducated, ignorant to intellectual property laws, and do not know the true value of the information they are sharing with PharmaCARE. According to authors S.C. Jain and R. Bird, the Trade-Related Aspect of Intellectual Property...

Words: 3122 - Pages: 13

Premium Essay

Deontological Code Of Ethics Analysis

...Often we find ourselves watching the television and a commercial will come on regarding the latest and greatest pharmaceutical drug. These commercials often show a person who is living a life of health and happiness because of how much better their lives are after taking a particular drug. For example, I cannot remember a time where I have turned on the television or read a magazine and have not viewed an advertisement for a heart medication, allergy suppressant, anti-depression drug, sleep assistor, heartburn reducer and more. In what can be considered constant exposure to these advertisements we may have asked ourselves if it is ethical that pharmaceutical companies are allowed such vast advertising power. Especially when many of these pharmaceuticals...

Words: 1660 - Pages: 7

Premium Essay

Leg 500 Assignment 3

...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...

Words: 2291 - Pages: 10

Free Essay

Legal and Ethical Considerations

...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

Premium Essay

The Pharmaceutcal Industry

...The Pharmaceutical Industry and Unethical Research Latoya Dale RES/351 March 10, 2015 Kenya Crocken-Leonard The Pharmaceutical Industry and Unethical Research The pharmaceutical drug companies have a tendency to focus more on the sales and revenue than the research of any given product. This trend leads to misrepresentation of crucial scientific research on products. An article in The New York Times from December, 2005 reported scientific research fraud to be a growing issue impinging upon drug development. It appears that drug companies have interchanged the quest of treating and healing sickness and disease with the sole purpose of making money. Not only do the drug companies practice unethical research studies, but they also spend more money pushing the products then they do for the research of the drug. Two such companies have been accused, trialed and charged for smudging results and falsifying findings for lucrative benefits. Merck and Co. was accused of several unethical acts. Merck & Co. marketed a drug called Vioxx. The drug was said to have less gastrointestinal problems than its counterpart competition – naproxen. However, Vioxx had considerably more side effects including; heart attacks and strokes (Vershoor,C.C., 2006). The drugs were pulled from the market in September, 2004, but not before over 100 million prescriptions were filled. Merck & Co. (Gardinar, H. 2009)...

Words: 1123 - Pages: 5

Premium Essay

Legal Considerations

...inventions are all examples. IP differs from other kinds of property in several ways. While often expensive and time consuming to generate, intellectual property can be quickly and easily copied. The legal framework that protects intellectual property has evolved over the years, as lawmakers have sought to promote commercial progress and enrich culture by rewarding inventors and creative people for their efforts. A person can create an original work fixed on a physical medium; the work automatically becomes the copyright owner. Copyright ownership, operation specific work in specific ways to the owner of an exclusive right to the use of data. This paper will discuss intellectual property and the ethical and legal restraints in respect to marketing and advertising (book citation). II. Various surveys conducted from 1990 with the most important ethical problems faced by businesses are to determine what are these problems. Armstrong (1990) in a study conducted by the Australian international business managers was asked to indicate the most serious ethical problems such as corruption, cultural differences, pricing practices, gifts and nonconforming products. From Advertisements undisputed impact on the community is increasing day by day. The advertisements aim to influence consumers to purchase products and to guide them. This routing when there are issues to be considered. These considerations can call as 'Advertisement Ethics'. Ethics advertisement; away from the concept of honesty...

Words: 1166 - Pages: 5

Premium Essay

Hsa 515 Assignment 1 Legal Aspects of U.S. Health Care System Administration

...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LaMeka Wright Strayer University LEG 500 June 11, 2014 Samuel Christian, Jr. Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Being a worldwide successful company takes a lot of hardworking individuals to make this happen. When running a successful company, you will want to make sure you are functioning in an ethical manner and are abiding by the law. “PharmaCare is one of the world’s most successful pharmaceutical companies with a reputation as a caring, ethical, and well-run company that produced high-quality products that saved millions of lives and enhanced the quality of life for millions of others” according to the scenario. However, there has been some unethical behavior going on that involves issues relating to marketing and advertising, intellectual property, and regulation of product safety. This paper will discuss some ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety; argue for or against Direct-to-Consumer marketing by drug companies; determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could/should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies; decide whether PharmaCare’s use of Colberian intellectual property would be ethical in accordance...

Words: 3121 - Pages: 13