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Legal And Ethical Consideration In Marketing

2321 words - 10 pages

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, ...view middle of the document...

Rajan Chandran, Associated Professor of Marketing in the Graduate School of Business Administration at Temple University wrote an excellent article on product safety. (Chandran, 1979). According to Chandran, advertising fails to promote safety, and he gives some insights into product safety principles. He suggests working closely with private and public groups such as, Nation Safety Council, the Bureau of Product Safety and the Consumer Product Safety Commission.
Companies who advertise products must be aware of their responsibility to the consumer. “Advertising ethics concerns the practice of our lives, and also the practice of business, in subtle and noticeable ways. Advertising ethics concerns the practice of our lives, and also the practice of business, in subtle and noticeable ways. Indeed, advertising ethics concerns us all—academicians, ad agency personnel, advertisers, attorneys, consumers, media personnel, and regulators in one way or another” (Hyman, 1994).
In our society, there is direct and indirect marketing done by drug companies. Unless a product is approved by the FDA, it shouldn’t be Direct-to-Consumers. There are a lot of shortcuts that drug companies try to take when they are testing new drugs. For example, the drug AD23 was given to by PharmaCare that cause over 200 reported deaths from the drug without the drug being approved by the FDA. Another good example is the recent “Investigators from the US Food and Drug Administration (FDA) have found bacterial and fungal contamination in unopened vials of methylprednisolone acetate from a Tennessee-based pharmacy linked to more than 2 dozen infections in 4 states” ( The US FDA should have control over Compounding Pharmacies. If they had regulations in place, the Tennessee scenario would not have occurred. “Under the provisions of the FDCA of 1938, compounding pharmacies were exempted because they were not manufacturing drugs. However, an entity that repackaged and/or relabeled products could be defined as a manufacturer and, in such cases; it would be regulated by the FDA. Professional practices, including compounding pharmacies, are regulated by state authorities unless misbranding or adulteration occur, at which time the FDA intervenes.10 In actual practice, it is not always clear when compounding pharmacies become drug manufacturers ” (Pergolizzi, 2013).
Another regulatory agency is the United States Pharmacopoeia (USP). It contains standards for all prescriptions and over the counter drugs. USP Chapter 797 was revised in 2008, but the states must enforce the code and not all states comply. (Pergolizzi, 2013).
PharmaCARE’s use of Colberian’s intellectual property is unethical because of the deontological theory. According to Halbert, “ there are certain moral rights and duties that every human being possesses and that ethical choices derive from universal principle base on those rights and duty” (Halbert, 2012)....

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