Legal & Ethical Environment of Business
DATE: 2/4/2013 Week 1 Assignment
PART 1:
Follow the link below, read the article and analyze the practice of “dumping” dangerous drugs overseas. Can an American company be penalized for marketing a product deemed unsafe by the U.S., if it is not also banned by the foreign government? This passage is mainly talk about hot Winthrop and Crter-wallace companies "dumping" dangerous drugs overseas. From the legal point of view. First, in the United States side, FDA officials maintain strict controls over
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The worse is Johnson & Johnson, knowing that there is a problem with their own drug , knowing that has led to the death of the babies, wasn't until June 1990, a week after Britain's Yorkshire Television broadcast an expose about the situation in Pakistan, that Johnson & Johnson took decisive action. To those undeveloped countries, Is this their fault for lower economic? Is this their fault for not having advanced medical technology and the only way is asking for help from developed countries? Is this their fault that drug supervision and management are not professional? As businessmen, they should be pursued to maximize the benefits. However, in the pursuit of the interests at the same time, should you give up the most basic human ethics? Where is the bottom line of ethic and moral of these companies? As businessmen, they should first be a person. As a person, they use their products to hurt another person, as if you invented a killer and kill others for you. Is it not a murder? The laws of a country can only control the events of their own country. There no right to interfere in the foreign things. Shouldn't this situation be improved? Since the laws of a country cannot be the role of these events. How about the International law? Why can't each country to improve the problems together, to talk about the international legal modifications? However, it useless I think. Economically
The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.
exported about $27 million worth of asbestos products and Nearly 1.7 billion pounds of pesticides were exported from U.S. ports between 2001 and 2003. Nearly 28 million pounds of those pesticides were products forbidden in the U.S. (Peebles, 2013). One of the guidelines for selling these forbidden products to other countries is that disclosure is made to the foreign country that the product they are being sold is banned for sale in the US. By providing them with this information we are giving them the opportunity to decline the potentially dangerous product while making an unethical decision appear to be ethical for the good of the US by cashing in on unsafe items which carry hefty costs to safely dispose of.
The United states has taken consistent efforts to control the distribution and manufacture of medications and other drugs, with many efforts regulate possession importation and sales of various types of drugs. While there are several historic pieces of legislation that deal with the regulation and control of various substances, there is no other single piece of legislation that is an important and impactful to health care as the Controlled Substances Act of 1970. This essay will explore the history of this legislation, its purpose and passage from proposal to law. Some may argue American this is true for American society as a whole, because of the implementation of this law and the addition of the Drug enforcement Agency as the agency that
This act, under the direct administration of the Bureau of Chemistry, forbade the interstate transport of illegal food and drugs, and exposed any responsible parties, that dare to violate the law, to penalty of seizure of the questionable products and/or prosecution. In fact, the foundation of the law relies on the regulation of product labeling rather than pre-market approval. The selling of Drugs, which are defined according to the standards of strength, quality, and purity in the United States Pharmacopoeia and the National Formulary, is denied under any other condition except that the specific variations from the applicable standards were clearly stated on the label. However, there were different standards that defined foods, but the law outlawed the addition of any ingredients that would alternate for the food, hide damage, generate a health danger, or constitute a filthy or decomposed substance. The controversial interpretations of the food provisions in the law engendered many, sometimes prolonged, court battles. In case the manufacturer decided to list the weight or measure of a food, this had to be done accurately. Also, the food or drug label could not be false or misleading in any particular, and the presence and amount of eleven dangerous ingredients, including alcohol, heroin, and cocaine, had to be listed (Nash 276-77).
This paper is composed for the individual assignment for week 2 of the MBA 633 Legal Issues in the Workplace course. The topic for this assignment consists of the differences between ethical and legal business issues. This paper will provide answers to questions related to employee behavior away from the office, and the Foreign Corrupt Practices Act and bribes. Both topics have been presented in the form of video cases (video 93 and 98) found in the Cengage digital video library.
Substance abuse and consumption have become an epidemic in America. The use of drugs results in countless drug-related deaths and causes states to spend billions of dollars to combat drug trafficking. Drugs are shipped in by sea, air, automobile, and even smuggled in by person. These drugs are supplied by drug cartels. These criminal organizations where formed to promote, control, produce, and distribute narcotic drugs. While these cartels operate from all parts of the world, some of the most infamous are the Mexican and Columbian Cartels. America has put policies into combating drug trafficking, however these policies are not
Introduction: Since 2001, compounded drugs have caused more than 1,000 illnesses, and 87 deaths in the United States (cite 1). All of these unfortunate incidents were caused by errors during the manufacturing of compounded drugs, and in most cases, because of contamination. On the 25th of September 2013, the Drug Quality and Security Act, also known as H.R. 3204, was introduced, and three days later, was passed by the House of Representatives. On the 18th of November, this Act cleared the Senate. On the 27th of September, 2013, President Barack Obama signed the Drug Quality and Security Act into law (cite 2).
In “The Quandry at Pure Drug” by Karen Marquiss and Joanne Ciulla there is a situation in the Philippines where a lot of children have measles. Puredrug, a large pharmaceutical company, is able to help in treat the measles situation in the Philippines with a drug called Travolene. A new test has found endotoxin, which is a toxic substance, in Travolene. This endotoxin may result in a high fever if it is ingested. The Canadian Government rejected the batch of Travolene because of a new test for endotoxin, however the Philippine government still uses the old test which found no endotoxin in the batch. Puredrug is facing a declining market share and weak profits due to economic downturn and product development problems. Puredrug fell short of its goals for the year and predicts an $8 million loss for the year which means small investors may switch to pharmaceutical companies for better results. With this loss being so significant, large investors may also support a takeover by Puredrugs’ competitors. Selling this lot of Travolene to the Philippines would yield an $8 million contract and would “put Puredrug into the black for 2013 and help foster a lucrative relationship with the Philippines” (Marquiss & Ciulla).
- Corrupt governments in certain states support drug production and benefit from it (Panama, North Korea).
Bouchard et al. (2011) assert that there are no assessments regarding the amount of ATS being produced and the amount of ATS lab seizures stays low. Estimates for ATS use and seizure data suggest that there is an annual surplus of between 1733 kg and 8624 kg of ATS available to be exported from Canada (Bouchard et al., 2011). Bouchard et al. (2011) contend that this indicates that somewhere between 38% and 75% of ATS produced in Canada is exported. Organized crime groups have greatly increased synthetic drug export to foreign countries, such as the United States, Japan, Korea, and Southeast Asia, by transforming legally acquired substances from pharmacies (Morselli et al., 2016). Morselli et al. (2016) state that 62 percent of illicit drug
The United States defiantly needs to do more to prevent imported drugs into the country. More emphasis results in less drug use by consumers. Although it may not completely stop drug use. It will reduce the number of people gaining access nonetheless. An argument for this issue is that the more the force the United States places on drug
The corporate world has an unfavorable view of itself by being selfish, evil, and against the average American. Companies market themselves and their products in certain ways that makes them and their products appealing to everyone and if not everyone then a certain group of people. Every company has a mission to follow and values to go by, but some companies lack ethics and morals. In this paper I am going to talk about one company that engages in ethical behavior and another that doesn’t.
The concept of business ethics has tried to change the way businesses operate over the years. Business ethics is a form of ethics that governs the actions of businesses to circumvent the affects business has on every day society. But some question its effectiveness in the application of capitalism. Several case studies have shown that this is the case; many companies place the pursuit of money in front of the pursuit of virtue. Although, the majority of companies are not in the spotlight of acting unethically, can we conclude that they follow the ethical norms? It is natural for normal human beings to act ethical but businesses are on a completely different playing field. But could business ethics be clearly possible in capitalism?
Therefore, Market West accepted the corporation stock as partial debt. Hooper and Yoder agreed to add Brian Bradley who worked for Market West as the third director. Hooper colluded with Bradley and violated a fiduciary duty to Yoder by issuing 95 shares of stock to himself, 5 shares to Bradley, and none to Yoder. Furthermore, Hooper got paid $141,000 salary from the business without Yoder knowing. More importantly, Hooper and Bradly voted to force Yoder to leave the corporation. After Yoder found out that Hooper broke their agreement, violated Yoder’s rights and duties, acted dishonestly, and made unethical decisions, Yoder sued Hooper and Beautiful Daydreams in the District Court. Under the common law, with these facts, the court supported Yoder and ordered Hooper to give back one-half of the salary plus one-half of the shares of stock to Yoder.
Over the past couple of decades, a sudden change has started to take over the way business is done. The time when no rules applied, and anyone could do what they pleased at the cost of others or the environment is rapidly ending. Instead, companies today have become aware that it is essential for them to employ ethics and morality in their actions, if not they will be heavily scrutinized and rejected by the public. This way of thinking also applies to the pharmaceutical industry, which over the past century has been rapidly expanding. Do to the fact that this industry can determine the health and lives of millions of people, it is imperative that this industry follow an ethical and moral path.