MEMO To: Dewey, Chetum, and Howe, Senior Partners From: John, former researcher at PharmaCARE Date: March 06, 2016 Re: PharmaCARE Violated Any of the Ethical Issues Introduction In recent times, in a global business era, companies face a lot of ethical and legal issues in the market while implementing strategies and activities. The global organizations have to face various kinds of ethical and legal issues in the current business environment. The companies need to follow the regulations, laws, and ethics. This paper assesses and analysis ethical issues relating to marketing and advertising of drug, intellectual property of AD 23 and regulation of product safety. Moreover, this paper also arguments for or against DTC (Direct-to-Consumer) marketing by drug companies. It determines the responsibilities of the parties for regulating compounding pharmacies according to the current regulatory scheme as well as describes PharmaCARE could face legal exposure surrounding its practices. In addition, this paper evaluates the way PharmaCARE uses the law of US to protect its own intellectual property when compensative John uses of his intellectual property in Colberia. This paper also summarizes similar current example of intellectual property theft that affect the brand value of the company’s. In addition, it also evaluates the potential litigants against PharmaCARE as a result of AD23 issue and the death of John’s wife. It also describes the type of protections that John should be afforded if he can make to claim that he is a whistleblower. Research Ethical Issues In recent times, most of the pharmaceutical companies selling the goods and drugs in the different nations that are banned in the home or some countries. This kind of selling creates the ethical issues of the pharmaceutical companies in the competitive and globalized business era. In the research or case study, it
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property 2 progression of Alzheimer’s disease. PharmaCARE’s management and executive team saw this seemingly product success as an opportunity to make more money. They decided to create a subsidiary that they owned entirely and their pharmacists and researches expanded the AD23 drug to serve both its diabetic patients as well as the patients with Alzheimer’s disease. PharmaCARE created this subsidiary called CompCARE to sell the newly enhanced AD23 drug, in an effort to avoid the Food and Drug Administration (FDA) guidelines for introducing new drugs to the public. CompCARE was created so that the company was able to sell AD23 product in higher quantities to hospitals and clinics. Unfortunately for CompCARE, the advanced drug they developed had tragic results to many of its users. Because of the executives’ greed and desire to profit, many people lost their lives to heart attacks using AD23. The first ethical issue with this PharmaCARE is the decision they made to use AD23 for a purpose other than what it was originally intended. They violated their social responsibility to ensure that the product in which they received approval from the FDA is used in the manner it was approved for. Because the product “appeared” to assist with a separate medical condition, doesn’t give them the right to market the product for that second condition. They formulated the drug to maximize the affect it would have on Alzheimer patients and as a result increased the number of cardiac arrest patients after using AD23. Another ethical issue the company had was its attempt to escape following FDA guidelines regarding product safety. The FDA is an agency in place for the purpose of ensuring public safety with the use of medication/pharmaceuticals. Specifically, the FDA is in place for the following reasons: “FDA is responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation.