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Legal and Ethical Considerations in Marketing






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Legal and Ethical Considerations in Marketing, Product
Safety, and Intellectual Property Review the
PharmaCARE/CompCARE scenario in Assignment 2 to
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
Review the PharmaCARE/CompCARE scenario in Assignment 2 to complete this assignment.
Write a ten to twelve (10-12) page paper in which you:
1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual
property, and regulation of product safety.
2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies.
3. 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.
4. Decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in
accordance with:
a. Utilitarianism
b. Deontology
c. Virtue ethics
d. Ethics of care
e. Your own moral / ethical compass
5. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while coopting intellectual
property in Colberia.

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6. Suggest at least three (3) ways the company could compensate the people and nation of Colberia
for the use of its intellectual property and the damage to its environment.
7. Compare PharmaCARE’s actions with those of at least one (1) real-world company whose
creativity in skirting legal technicalities led to ethical lapses and financial loss.
8. Determine the success PharmaCARE and WellCo shareholders would have in suits against the
9. Determine whether or not PharmaCARE lives up to its brand. Support the response.
10. Recommend at least three (3) changes PharmaCARE can make to be more ethical going
11. Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and
proprietary Websites do not qualify as academic resources.
The Legal and Ethical Considerations of Marketing in America Paper
Evolution of the Market Orientation explains why marketing is a driving force in the
modern global economy. First of all, the first stage was covered up until the early years
of the 1920’s, in the United States, called the ‘production era’. Goods were scarce and
buyers were willing to accept virtually any goods that were available and make do with
them. The ‘sales era’ picked up right after the early 1920’s to the 1960’s, where
manufacturers found they could produce more goods than buyers could consume and
competition grew.
In the 1960s American firms relied on marketing because it became the motivating
force and the ‘marketing concept era’ dawned, which is the idea that an organization
should strive to satisfy the needs of consumers, while also trying to achieve
organization’s goals. Many firms such as General Electric have achieved great success
by putting extraordinary efforts on consistently collecting information about customer’s
needs, sharing this information freely, and using it to build and create customer value.
This is the result of the ‘customer relationship era, in which firms seek continuously to

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satisfy the high expectations of customers which led to customer relationship
management (CRM), the process of identifying prospective buyers, listening to the inner
thoughts, and developing favorable long-term perceptions of the organization and its
offerings, hoping the buyers will choose them in the marketplace.
According to William
Frankena (1973), ethics are a group of moral principles aimed at improving the safety
and welfare of the society. Balancing interests such as ethics and social responsibility
has shifted from an emphasis on producers’ interests to consumers’ interests. Several
marketing issues are not precisely addressed by existing laws and regulations. The four
key elements to a better business ethics foundation are Ethics programs and a solid
ethics foundation.
The first is a strong code of ethics, like the Sarbanes-Oxley Act of 2002 that made it
important for businesses to have an ethic code, in writing about what one ought to do,
and what to strive for. The second key element is ethics training with in the business.
This is where the ethics code is integrated into the workplace. The third key element to
a strong ethics foundation is an “ethics coach”. An “ethics coach” will be available as a
friend and in confidence of any ethical given dilemmas in the workforce. The final key
element is an anonymous reporting tip-line, serving to provide employees an alternative
route to reporting observed misconduct or violation without fear of reprisal.
Social welfare is a high priority to uphold a good public image but reputation is a
business’s strongest asset. That is if they want to strive and survive. Businesses and
the Third World need to be wary of using sweat shop labor. Do not treat them badly. In
return treat them with respect and dignity. Most third world countries do not frown on
child labor laws because they can pay less than what
is expected from any other average person who is of the legal working age. There
have been too many unjust and un-wanted headlines about company misconduct and
business ethics violations. This has demanded businesses to make ethics a top priority

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