Ethical modifications on marketing relations Essay

In this paper I bequeath analyze and assess legal and ethical modifications on marketing relations as it relates to both consumers and boldnesss. This look lead analyze three to five ethical issues that relates to marketing and publicise, mental spot, and regulation of product safety. The handling of arguing for or against Direct-to-Consumer (DTC) marketing by dose companies will also be analyze. This paper will also determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could/should entertain done in the PharmaCARE scenario and whether the FDA should be granted more(prenominal) power over compounding pharmacies. Throughout this paper the decision on whether PharmaCAREs use of Colberian intellectual property would be ethical in accordance with Utilitarianism, Deontology, Virtue morals, Ethics of c atomic number 18, and my own moral / ethical compass will be talk overed.There will be an analysis discu ssed on the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. A discussion will be determined at least three ways the company could compensate the large number and nation of Colberia for the use of its intellectual property and the disability to its environment. Compargon PharmaCAREs actions with those of at least one real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. Be fitting to determine the victory PharmaCARE and WellCo shareholders would agree in suits against the companies. Determine whether or not PharmaCARE lives up to its brand. Recommend at least three changes PharmaCARE tooshie make to be more ethical going forward.Ethical IssuesEthical issues are situations or problems that c alls for a person to choose between two alternatives. In marketing and advertising ethical issues buns arise when advertising weakens or undermines personal aut onomy. Also, it promotes consumption as way of life and it destroys credence in the written or mouth word (Ethics, 2013). In intellectual property it creates a monopoly for firms and enables them to charge prices for their innovations that are more than the marginal cost of the production. When valuable products are given intellectual property protection this creates an ethical issues (Sonderholm, 2010). In regulation of product safety everyone withinthe company are expected to act and abide by the companys Code of Ethics or conduct (McBain and Balassone, 2012). As a result, of the ethical theories being used throughout this paper, one can see how the drug companies are all-important(a) and what they need to do in order to obtain and maintain their clientele. The different theories applied throughout this paper have discussed how important the theories are and how they can interrelated to better understand how drug companies operate. Overall, the drug companies should use the dist ributive justice theory to suffer and distribute wellness manage evenly to all individuals.Direct-to-ConsumerThere have been several different theories used to either argue for or against Direct-to-Consumer (DTC) marketing by drug companies. The ever increasing cost of health will continue to present health lot issues and ethical challenges that will result in a better understanding of how to use ethical tools when feeling for the scoop up drug companies for an individual. Therefore, ethical theories and principles will help to focus on the clearer direction one must take in order to make a decision about ones next.Regulates Food and Drug AdministrationState boards of pharmacy typically regulate compounding by pharmacies, but national legislation also plays a role. The Food and Drug Administration (FDA) could have force PharmaCARE to shut raft because of how they were operating. They were operating under extreme working conditions. The pack in Colberia were being exploited ( hazardous working environment) and taking advantage of (wages). This type of working environment is unethical. The FDA will continue to provide proactive and for-cause inspections of compounding pharmacies, and FDA plans to take rough action, including enforcement actions, as appropriate to protect the public health and the people of Colberia. The FDA should be granted more power over compounding pharmacies because FDA has been conducting inspections of compounding pharmacies for cause and proactively to grapple across pharmacies with deficient sterile compounding practices. There have been more problems identified at compounding pharmacies across the country and the FDA intends to continue its inspection and enforcement efforts to cry these problems, exploitation currently available resources (FDA, 2013).PharmaCARE and ColberianEthical theories represent the grand ideas on which guiding principles are based. The theories that will be used throughout this paper will discuss how important ethical theory is and when implement in a company how effective they will be for the company. The use of utilitarian refers to all action should be directed toward achieving the greatest happiness for the greatest number of people. In other words, the utilitarian rise implies that insurance companies should insure around type of insurance to all people because this makes unhealthy people healthier sooner than without insurance due to the cost and high price of physicians. The stakeholders theory implies that business ethics discussions are based on the responsibilities of the decisions from managers and executives (Luxury, 2007).DeontologyVirtue ethicsEthics of careOwn moral and ethical compassIn Kants categorical imperative, he refers to how everyone should be treated as a free person and should be equal to everyone else (Luxury, 2007). Therefore, drug companies should not choose to do the same thing for the same solid ground for all their patients. In using adverse s election, it refers to how different individuals that are on one side of the market have better information than the other individuals do on the other side of the market (Luxury, 2007). The drug companies will offer the wealthy a cheaper price over the measly and this type of behavior is unethical. Therefore, the poor will start doing things that makes it hard for them to obtain the products from the drug companies. Health care is necessary to meet everyones health necessitate and thus to promote equality of opportunity, which is such an important value in American political culture. According to Childress (2000), he states that Dan Brocks interpretation of health care is, While health cares impact on peoples well being is fundamental to why justice requires that it be available to all, it is possible to capture almost of this impact of health care under the concept of opportunity. It is health cares role in promoting equality of opportunity that makes ensuring door to health c are for all a fundamental requirement of justice (30).AnalyzePharmaCAREPharmaCARE uses the U.S. law to protects its own intellectual property by ensuring that the patents, copyrights and trademarks are protected. This enables people and other organizations to form recognition or financial benefits from what they create or produce. Although, these rights extends only to the U.S. anyone who desires to patent, copyright or trademark protection in other countries will have to devote for to patent, copyright or trademark in each country that they choice because each country has their own patent, copyright and trademark law ( intellectual, 2013).Compensate the people of ColberiaPharmaCare can compensate the people and nation of Colberia by cleaning up the environment such as using safe and healthy products to eliminate the hardzarous chemical substance smell and spill. They can offer the employees better wages and health insurance. By offering better wages for the people this can help t hem continue rain buckets in revenue for their country, helping the country to begin to prosper. The company can also make the working conditions in the building better so that the employees will be able to come to work in a healthier working environment. If all of these suggestions are completed then the people and nation of Colberia can start to live a better life.Real Word CompanyHospira manages it task environment in accordance with setting goals and working to meet the goals of the organization (Thompson, 2007). When the pharmaceutical company sets a safety goal is regards to OSHAs goal, then they work vigoursly towards maintaining this goal, so they will not be in violation. They believe that this is a unique opportunity for human resource to step in and take the lead in developing tools and capabilities. This will help to identify and strike down on barriers that keep employees from doing their very outgo. According to Sullivan (2006), the challenges that need to be address are how to increase the output volume that the organization faces on a quotidian basis what would be an innovation for continuous improvement and what would the employee recommend to the organization for improvement and change.The critical part for human resources is being able to aligntheir perpetration and priorities of the organization and engaging the minds of employees in their work (Pomeroy, 2006). The challenges that need to be addressed are in organizational design, hiring the most talented person and moving people around to different locations.Success PharmaCare and WellCoThe shareholders of PharmaCARE would have a shareowners derivative action against them because of the unbecoming management of the company. According to Hill and Hill (1985-2005) stockholders derivative action is a lawsuit governed by corporations shareholders to help protect the corporation and shareholders benefits against any wrongdoings and improper management from the corporation. The shareholder s of WellCo. have a stockholders action against PharmaCARE for failure to provide due diligence before the transaction of purchase took place. The company failed to provide all the necessary information to WellCo. and in return WellCo. is now responsible for all of the assets and liabilities that PharmaCARE created before the purchase. PharmaCARE is now free from all of the debt and liability the company created therefore, PharmaCARE success depends on the companys continued products that are delivered to their clients without the adverse reactions of the development and marketing product of AD23.PhamaCARE brandThe following information will determine why PharmaCARE lives up to its brand. When talking about the rational system perspective, PharmaCARE portrays their ability in this way because they enforces a strong urge for growth and with their concise and clear goals set, they have proven this and is maintaining their status. They have hold out a great organization by ensuring th eir rules and regulations are enforced (Scott and Davis, 2007). In the natural system perspective, they have highly move individuals who are willing to work harder and smarter to obtain a clear since of pride (Scott and Davis, 2007). They focus on their mission and vision statement and they stand by it in order for them and the organization to be prosperous. In the open system perspective, PharmaCARE has maintained the change and have grown to an organization of pride and prestige. They still invest in the right product and ensure they spend their money on profitable means. Therefore, making it cheaper for consumers to buy their products and for the organization to make a profit. The major challenges that PharmaCAREwill be facing in the next two to three years will be how they will withstand their financial responsibilities and keeping their clientele. These challenges are most important because as PharmaCARE continues to make products they will continue to be introduced to reinvi gorated clients and they must be able to meet the demands of the clients.Their financial responsibilities comes into play when they have to try to come up with new products and if they are already over budget then the new products will not be able to be completed. In addition, by PharmaCARE trying to keep up with other pharmaceutical companies and clientele, this leads to the employees working longer hours and are not compensated for their work. This situation can end up with some of PharmaCAREs employees leaving to work for the competition. Therefore, PharmaCARE must ensure that their financial and client responsibilities are met in order for PharmaCARE to stay a successful organization and meets the needs of their employees. PharmaCARE has implemented a human resource discussion section and they focus on continued success within the organization. Although, the human resource department is a department of its own, this department runs the organization because everything must go th rough this department for any changes. Therefore, the change in this human resource department for PharmaCARE would be in the best interest for this organization.RecommendationI recommend the following actions for change with PharmaCARE for strategic purposes. They are analyzing, forecasting, planning, implementing and evaluating. In analyzing the overall workforce, planning system should be well thinking out, systematic and documented. The effectiveness of planning depends on the detail, accuracy and reliability of the information sources. It is important to identify all factors that could influence future demand for outputs value as well as competencies of the internal and external supply of labor (Scott and Davis, 2007). Information that is gathered during the analyzing phase must be reliable and accurate. In forecasting, PharmaCARE should consider the future needs of the organization. One of the most useful outcomes is the identification of potential problems or issues facing the organization. The data collected from the information sources should help develop a sally analysis and emergent strategies to manage the future. It involves the identification of any predicted changes anddevelopments that may result from a demand and supply chain (Thompson, 2007). In planning, strategies initiatives, programs and policies should be developed to address the gaps within PharmaCARE.This will ensure that the recruitment and development will be critical of a needed staff for a successful workforce plan. In implementing, it is critically important to put together an implementation plan to carry out the planned activities included in the workforce plan. According to Scott and Davis (2007), this will be the process for using all the information gathered and devising a plan to execute the new strategies. In evaluating, there should be an evaluation of the workforce plan because this is imperative in determining if the devised strategies are addressing the gaps specifie d. It is important to obtain feedback concerning the effectiveness of outcomes from the plan. PharmaCARE should design a plan that would be more effective in the managerial and business aspect of the organization. A logical implementation plan for a human resource program for PharmaCARE would be to offer a new set of curriculum and qualifications opportunities that is truly built around the needs and aspirations of each employee. By matching the best employees in the organization, PharmaCARE would allow all employees to have opportunities to meet in ways, which motivate and pushes them to work harder for a successful and well deserve future (Mathis and Jackson, 2006).PharmaCAREs human resource program works in the empyrean of development, such that managers are mentors to supervisors. This allows growth and knowledge within the organization. PharmaCARE prides itself in being a successful organization and will be served better with the right approach to the implementation initiativ e. Human resources will have more flexibility in hiring, supporting and managing their people. PharmaCARE should do the following in order to become a more successful organization. Increased flexibility will strengthen accountability based on transparency, fairness and respect. Human resource management relations will become more collaborative with both management and employees working together to foster a mature, healthy and productive workplace. The goal is to make it easier to attract, hire, support and retain the best people. This is a great opportunity if it is done right, PharmaCARE will be a better place for people to work and will provide better service to their employees and customers.ReferencesChildress, J.F. (2000). Summary and Synthesis of Papers and Discussion at Ethics in Oral Health Policy Seminar. Retrieved from http//www.nidcr.nih.gov/NR/rdonlyres/7E3F3CDF-B133-4503-B8C1-049793F869D9/0/Childress.pdf Ethics of Advertising (2013). Retrieved from http//www.carroll.edu/ msmillie/busethics/ethadvertising.htm FDA Implementation of the compounding Quality Act. (2013). U.S. Food and Drug Administration. U.S. Department of Health and Human Services. Retrieved from http//www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/ucm375804.htm Hill, G. & Hill, K. (1981-2005). Shareholders Derivative Action. The Free Dictionary. Retrieved from http//legal-dictionary.thefreedictionary.com/shareholders+derivative+action Intellectual Property Law and Policy. (2013). The United States Patent and Trademark Office and Agency of the Department of Commerce. Retrieved from http//www.uspto.gov/ip/ Luxury primary care-market innovation or threat to access? (2007). The New England Journal of Medicine. Massachusetts Medical Society, 346(15) 1165-1168. Retrieved from http//content.nejm.org/cgi/content/extract/346/15/1165 Mathis, R. & Jackson, J. (2006). Human Resource Management. (11th Ed.). New York. Thomason-South-Western. McBain, J. & Balassone, J (2012). Product Safety Case Studies. Santa Clara University. Retrieved from http//www.scu.edu/ethics/dialogue/candc/cases/product-safety.html Pomeroy, Ann (2006). 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