Introduction
Marketing, intellectual property, and product safety regulation are filled with ethical issues and potential dilemmas that all companies must deal with. PharmaCARE must also consider its actions regarding their use of U.S. copyright law for the drugs it makes, as well as its treatment of its workers. The company needs to decides if it wants to live up to its own brand, or simply go after profits.
The Ethics of Marketing, Intellectual Property, and Product Safety Regulation
Deceptive marketing is one of the most prominent moral dilemma that consumers and companies deal with when it comes to the field of marketing. Deceptive marketing includes examples such as a company not disclosing fees or surcharges, product labels that claim a product is something it is not (such as labeling a non-organic product ‘organic’), or claims about the benefits a product provides that are untrue. (Drake, 2011.)
A recent example of deceptive marketing has to do with a brand of yogurt from Dannon called Activia. The advertisements that were run had celebrity endorsements and claimed there was scientific proof that Activia was particularly nutritious and had special properties which regulated the digestive system. A lawsuit was filed because of these claims, and Dannon settled the case for $45 million dollars. (McMullen, 2010.)
An ethical issue related to intellectual property pertains to the copyright laws. Some would argue there are certain examples of copyrighted material that should actually be in the public domain. The song “Happy Birthday,” for instance, is currently protected by copyright, even though the song has been in use for over 100 years. The original creators of the song as no longer living, but Warner Music Group ...
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...6, 2010). Dannon to Pay $45M to Settle Yogurt Lawsuit. In ABC News. Retrieved December 20, 2013, from http://abcnews.go.com/Business/dannon-settles-lawsuit/story?id=9950269.
Weil, A. (August 21, 2009). Should You Get Your Drug Information From An Actor?. In The Huffington Post. Retrieved December 20, 2013, from http://www.huffingtonpost.com/andrew-weil-md/should-you-get-your-drug_b_265740.html.
Weiser, B. (June 13, 2013). Birthday Song’s Copyright Leads to a Lawsuit for the Ages. In The New York Times. Retrieved December 20, 2013, from http://www.nytimes.com/2013/06/14/nyregion/lawsuit-aims-to-strip-happy-birthday-to-you-of-its-copyright.html?smid=pl-share&_r=1&.
Wellner, C. (April 16, 2012). Lipstick or Diabetes? Cosmetics and BPA. In Care 2 Make a Difference. Retrieved December 19, 2013, from http://www.care2.com/causes/lipstick-or-diabetes-cosmetics-and-bpa.html.
The FDA was given the authority to approve pharmaceutical products for marketing in the U.S. as a result of the Federal Food, Drug, and Cosmetic Act, passed in 1938 (FDA par 2). In 1960’s, the agency issued final regulations for prescription drug advertising, which stipulated that these ads must not be false or misleading, present a “fair balance” of information describing both the risks and benefits of a drug, include facts that are “material” to the product’s advertised uses, and include a “brief summary” that mentions every risk described in the product’s ...
There is a debate on whether direct-to-consumer advertising of pharmaceutical drugs is moral. These drug companies believe they are providing consumer awareness for patients potentially suffering illnesses, while critics argue that patients demand particular drugs from their doctor while there might be
One of the many copyright cases is Berlin et al v. E.C. Publications of 1964. Mad magazines published “More Trash from Mad No. 4” which was a song with 57 different parody lyrics, one being from Irving Berlins, “A Pretty Girl is Like a Melody.” After publication 25 of the parodies were used to sue E.C. Publications, publisher of Mad magazine. Berlin was named plaintiff but the case was brought about by many other publishers. The trial court established a legal prec...
Pharmaceuticals are arguably one of the most contentious of all goods and services traded in the market. While medicines are as much a necessity as foods and water, they require more technical expertise and official approbation in the manufacture. Above all, they carry a moral weight that most market products do not (The Economist, 2014). This idea of moral can be linked to the recurring debate over whether a good health (which is represented by medicines, in this case) should be considered a basic human right, or just a normal commodity. A large portion of such controversy actually lies in an existence of drug patents: should we promote for longer-lasting patents or should we have their duration shortened?
Many may say that they were tricked into getting something new that someone famous uses but most people don’t do the research to figure out if it works the way it is supposed to. Back in the day many people could see others buying thing because someone famous used it they didn't have what they needed to see if it was true that that famous person used the product or not but, Today we have the necessary equipment to prove what we use is good or not. Even if famous people do get paid for using these kinds of products there is enough to be able to prove if it's false advertising or not. A good example for this is shampoo. Pantene has currently paid Selena Gomez to help put their shampoo on the market as they see that Selena is a very well known celebrity they use her fame to put out the new shampoo they have made that is “better an fortifies the hair” . This is a great way to show what people mean by false advertising. It is the responsibility of the buyer to know what the product does an if it does work or
This Further Oral Activity will be presented in a T.V. show format (Based on the show “The Gruen Transfer”), with the host focusing on the false advertising of well-known health foods and drinks. This FOA will focus on the persuasive language and manipulative strategies used by businesses to influence and mislead consumers into believing false perceptions of their product, using case examples to support the evidence presented. The purpose of this FOA to inform the audience on the plethora of manipulative and persuasive language used in advertising from ‘supposedly’ healthy products, while the target audience is Australian T.V. viewers 18-50 who are interested in the influence of advertising. The context of the piece is based on today’s
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
Significantly, for pharmaceutical companies to continue to increase its profits in the United States of America, the role of direct-to-consumer and direct-to-physician advertisements lays the groundwork for pharmaceutical companies to succeed in a free-market society. However and often ignored by most pharmaceutical companies, its advertisements are heavily consumed with bias and deceiving information about its medical medications and medical treatments towards both consumers and physicians alike. In Amanda L. Connors’ article titled, Big Bad Pharma: An Ethical Analysis of Physician- Directed and Consumer-Directed Marketing Tactics, explains how pharmaceutical companies forget their moral objective of providing safe and effective medical medications
It's time for a business ethics brush-up. Time to do a little soul-searching and kneeling at the business confessional. As always we're not concerned with the easy business choices e.g., envy, greed, sloth, coveting thy neighbors… The emphasis here is on the more subtle offenses that tend not to get much attention in either the Sunday pulpit or the pages of Forbes Magazine.
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
Both physicians and consumers/patients rely on the Pharmaceutical industry to adequately provide medication to address public health concerns ranging from depression to obesity, to name a few. Thus, an increased reliance on pharmaceutical industries leads to the creation of one of the largest and most profitable corporations to exist across the world. However, because pharmaceutical companies profit from the drugs they sell, they now have incentives to influence the public in buying the drugs they produce; the main objective of pharmaceutical companies then becomes primarily to maximize profit through the selling of drugs and disregard the well-being of the population (Moynihan and Mintzes 2010, 2). Thus, Pharmaceutical companies work to market
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
In its simplest terms, copyright is the U.S. government’s way of protecting the rights of anyone creating an original work, such as a play, song, poem, book, or artwork. Only the work’s original author or creator can make copies, distribute, sell, perform or adapt that work. Originally passed into law 35 years ago, the Copyright Act of 1976 has undergone many changes in the wake of advancing technology, including such changes as categorizing any work on the Internet as “published” (Copyright Act of 1976). Of
Businesses are in game in order to earn money and advertising is the strongest weapon that helps to sell a particular product . An advertisement can be harmful and misleading as well as helpful and beneficial . Advertising in ethics is an unclear concept , but truly the main goals of corporations should be avoid misleading their customers by setting up wrong expectations and to keep their current clients .The major problem with advertising is that most of them are misleading . Advertisements create an unrealistic and sometimes irrelevant impression of an any particular product. Unfortunately, often , consumers become the victims of their tricks .
1 False advertising is the act of drawing openly regard for an item or a private company for expanding deals. There is something else which is called false promoting. False promoting makes misdirecting data to the customers who is expending the item because of the ad that draws in them towards the item. In any case, they don't have the foggiest idea about the way that they are being swindled in purchasing the item. This is morally off-base. Now and then organizations confer this duping to acquire more benefit. Because of this tricking customer fall into a trap. To some expansive degree organizations can run numerous sorts of notices that are deluding and manipulative. The organization which for the most part does false promoting is tobacco organizations. They are the greatest