¶ … Marketing
Product Safety, And Intellectual Property
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual
Ethics and legal issues refer to the morals and principles that govern the behavior and conduct of individuals or organizations. These legal principles and ethics serve to guide and offer directions on how to act or respond when faced with moral dilemmas. Marketing, advertising and product safety are areas of importance to everyone in the community. Production, distribution and use of products or services are areas guided by the laws of the land. The laws function to protect the community from exploitation or mishandling by the participants in the above sectors. In the marketing and advertising framework, the concept of ethics deals with personal moral principles and values. Under this framework, the society understands that laws are values and standards that are enforceable in the court. In the production of goods and services, the laws of the land stipulate the moral principles and guidelines abided by producers.
Discussion
There are many ethical issues relating to marketing, product safety and intellectual property. Under this framework, participants understand that actions considered ethical may not necessarily be legal. Cultural and societal norms may also change perceptions of individuals towards various factors considered as either legal but not ethical and vice versa. In marketing and advertising, saying the truth is the first basic ethical standard. Many marketers and advertisers exaggerate the information about their products in order to attract buyers. It later turns out that the product does not meet the expectations earlier explained by the seller. Product safety refers to the reliability of a product to bring a useful effect to the final user. When an individual purchases a product, the expectation is that the product will provide utility. It is unethical if a product will cause negative effects to the consumer. Intellectual property entails the rightful ownership of certain information guided by a number of laws and agreements throughout the world. An individual or an organization has the right to protect their ideas for personal benefits and competitive advantage over others. Duplicating such materials or ideas with the owner's approval is unethical and illegal.
Direct to consumer advertising is a marketing strategy adopted by pharmaceutical companies. This strategy is unethical and an illegal approach due to the exploitation and use of the drugs that may occur from lack of regulation before distribution. This marketing strategy is illegal in many countries of the world apart from the U.S.A. And New Zealand. Foods and drugs association regulate this marketing approach, but research shows that the rules are too relaxed and inadequately enforced (Ventola, 2011). Direct to consumer advertising takes various forms such as 'help seeking advertisements' and 'reminder advertisements'. 'Help seeking advertisements' only provide information about a certain medical condition and encourages patients to see a medical practitioner. This form of an advertisement does not mention the product under consideration. 'Reminder advertisements' provide information about dosage and the strength of the product. It goes further to provide the price but do not make indications about the cured diseases.
The most common form of direct to consumer advertising is 'product claim advertisement', which provides all the information about the drug prescription and its indications. Direct to consumer advertising (DTCA) is useful as the adverts provide useful information to patients and enable them to take charge of their health. Consumers of these drugs benefit from having access to multiple sources rather than relying on medical practitioners (Ventola, 2011). Help seeking advertisement encourages patients to seek medical help from health officers, and they encourage dialogues between a patient and the healthcare provider. Research shows that the dialogues do not benefit the drug manufacturer but the patients. DTCA encourages and promotes patient compliance and understanding about their medical conditions. DTCA enforces physicians' recommendations to their patients and the probability that they abide to the recommendations is high.
DTCA is significant in the country as it reduces the stigma associated with various diseases. The advertisements help to raise awareness about certain diseases that could otherwise not be clear because people cannot open up to health care providers. Direct to customer advertisement is important as it encourages competition among the manufacturers leading to the production of quality drugs and reduction of prices. All these are advantageous to patients. These advertisements strengthen the relationships between patients and healthcare providers. The advertisements provide information to patients and decision-making between clinicians and patients is easy (Ventola, 2011).
Pharmaceutical...
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