Marketing Law: Ethical Issues, Legal & Marketing Problems

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This report delves into the ethical and legal intricacies surrounding the marketing of food supplements, examining a case where a company president faces a dilemma regarding the illegal mixing of ingredients in pet food supplements. The report highlights critical legal issues, including violations of FDA regulations and potential breaches of contract law, as well as the adverse effects of these practices on animal health. It also explores the importance of public relations in maintaining a company's reputation and the challenges related to marketing, such as measuring ROI and securing budgets. The analysis emphasizes the need for ethical conduct to protect consumers, uphold legal standards, and ensure the long-term success of the company, advocating for the president to take decisive action against the illegal practices for the betterment of society and the company's reputation.
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Running head: MARKETING LAW
Ethical issues
Name of the student:
Name of the university:
Author note
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1MARKETING LAW
Table of Contents
Introduction:...............................................................................................................................2
Discussion:.................................................................................................................................2
Legal issues:...........................................................................................................................2
Public relations:......................................................................................................................4
Marketing issues:....................................................................................................................5
Conclusion:................................................................................................................................6
Reference:..................................................................................................................................7
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2MARKETING LAW
Introduction:
The present report is based on the legal and marketing issues regarding certain ethical
problems and an attempt has been made to point out the probabilities to overcome the
detrimental effect as against the mankind and humanity (Aung and Yoon). The subject matter
of this case is based on the ethical issues that are being faced by the President of a company
regarding the usage of certain protein supplements regarding the mammals in an illegal way
and it has also been observed that the process are creating effect on the mammals that can be
detrimental regarding the sustainability process (Lim and Kar). The President is in dilemma
as he knows the fact that such illegal processes are affecting the society and the management
keeps them silent regarding the process and also advised him to keep his mind off from the
situation.
Discussion:
Legal issues:
It has been observed in this case that the President of the company had in an ethical
dilemma regarding the illegal mixing of foods. It is to be kept in mind that there are certain
legal issues cropped up regarding the same. The issues are as follows:
1. Whether the president has to take certain ethical steps regarding the illegal mixing or
not.
2. Whether there is any law to encoded the conduct of the persons or not.
It is no doubt to state that the process regarding the making of food supplement is illegal in
nature and attracts various provisions of law that are enacted under the preview of these kinds
of process (Spink et al.). Certain laws are enacted to deal with the foods and supplementary
process in the provinces of United States and that prevent the conducts that are against the
public policies in general. In USA, there is a provision regarding the Food and Drug
Administration (FDA) that deals with certain effective process regarding the food
supplements and it has been stated in this case that the supplementary foods are special in
nature due to their effective functions and provisions are also there regarding their safety
provisions and effectiveness. It has been stated by the same that the supplements are to be
examined and trailed with all the effective probabilities and the effects of the same should be
clinically tested (Havinga, Tetty and Paul). It has also been stated that after getting the
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3MARKETING LAW
approval, the supplements should be monitored and packaged by following all the relevant
rules regarding the relevant food laws. However, in this case it has been observed that the
respective company had violated the rules mentioned under the law and the provisions set out
by the Food and Drugs Administration. It is also to be stated that certain portions of the
Contract law will also be applicable in such process or case. It is no doubt to state that the
company is engaging itself in such illegal process by mixing low category of things in the
supplements. However, it can also be stated that the usage of unapproved proteins in such
supplements help the company to gain profits by cheated the consumers of such supplement
as the product of the company is treated as universal product in the subject of the pet foods
(Srivastava and Shakuntla). It has been observed in this case that the outcome of the mixing
can cause kidney failure to the mammals and therefore the actions taken by the wrong doer
should be stopped with ultimate skills. Certain requirements have been made by the Federal
Food, Drug and Cosmetic Act (FFDCA) and requirements have been mentioned under
section 402 and 403 regarding the foods. If the requirements are not being maintained, the
brands can be adulterated. The provisions of food additive as defined under section 201 (s)
are being prohibited under section 409 of FFDCA. It has also been stated that if the
supplements will goes against the safety of the animals or the mammals, penalty provisions
will be imposed on the alleged companies.
Public relations:
The word public relation stands on certain doctrine regarding the promotion of good
will within the company and the public in general with an intention to spread information.
There are certain difference exist in between the marketing and public relation. The main
problem can be cultivated by the definition and objective of both the topics. Marketing is
conventionally observed as supporting goods and services to be sold to a punter at a turnover.
Public relation encourages goodwill and communiqué between the corporation and consumer
(Srivastava and Shakuntla). Good quality public relations build relationships with the clients.
Public relations are a module of marketing strategy; a company will be more money-spinning
through statement and relationships with customers. Therefore, it can be stated that the public
relation helps to grow the extent of business and it takes effective part in the development of
the same.
Public relations are not just for great corporations—even a minute commerce
reimbursement from good community affairs. Good public relations do not mean to hire an
expensive PR firm. To develop a plan, think about the interest of the spectators. This includes
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4MARKETING LAW
more than just customers. Supplementary members of addressees may be neighbouring media
or employees. Media also plays an important role in case of public relation (Rutsaert and
Pieter). They are one of the effective tools regarding the spreading of messages to the public
and communicate with them. If positive information will be delivered to them, it will be
possible to gain certain audience interest and that will be benefitted for the society and for the
development of the companies. It is also true that if the employees of a company can enjoy
his working conditions, he will make certain preferences and approached before the public
regarding the good will of the company. Therefore, good public relation is required in every
aspect (Grunert et al.). In today's public relations meadow, specialized exploit more than the
conventional press liberate. PR professionals frequently employ societal media vents to
suggest their message to the communal. Social media is varying the public relations
commerce as it allows businesses to converse with a well-built community. In preference to
sending a communication to just your local audience, businesses can now communicate
internationally. As the extent of public relations increases, professionals required to
acclimatize and take benefit of new opportunities to communicate with the public.
In the present case, it is required to build up good public relation regarding the topic
and it is necessary to avoid all the illegality to secure the interest of the consumers and the
company as well. If there is any problem regarding the illegal mixing cropped up, it will
affect the reputation of the company and therefore, in such circumstances, conscious
materials should be delivered to the public in general to avoid the outcomes.
Marketing issues:
Each dealer faces altered confrontations. Although we typically share similar goals,
some squads are wedged on appointing top aptitude, at the same time as others are having
dilemma finding the accurate technology for their needs. Measuring the ROI (return on
investment) of advertising performance has remained a top marketing confront year-over-
year (Austin et al.). However, it also continues to be a imperative way for marketers to
recognize the efficacy of each particular marketing campaign, piece of content, etc.
In addition, proving ROI often goes hand-in-hand with making an disagreement to amplify
budget: No ROI tracking, no demonstrable ROI. The tagline regarding the same has been
pronounced as No ROI, no budget.
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Tracking the ROI of every single marketing activity isn't always easy, particularly if
one does not have two-way communiqué amid ones advertising activities and sales reports.
Securing more budgets is a serious challenge for marketing globally. Often, getting more
budgets is easier said than done, particularly for smaller organizations that aren't working
with sizable nor bendable marketing expend. The key to let loose budget lies in being able
to establish the ROI of one’s marketing efforts. According to our report, organizations that
can guesstimate ROI are more likely to receive higher budgets. Finding the right
technologies was the biggest concern for marketers this time. Oftentimes, this is because
feedback on technology is speckled. Marketers might turn to contemporaries, acquaintances
in the industry, and/or forecaster reports to decipher the best proficiency fit their needs --
only to find that feedback is stretch across emails, public medium, and from people of
diverse reputability.
Conclusion:
Therefore, it can be stated that the present problem is based on certain grounds of the
ethical issues that are to be faced by the President of the respected company that are involved
in the illegal mixing in the pet food supplement. It is to be discussed in this report that such
illegal process has been violated the provisions of the Foods and Drugs Administration
(FDA) and certain other provisions of the United State’s Acts. If the illegal process is being
continued, it will affect the provisions of the public relation and the marketing policy of a
company will also get harmed. Above all, it is to be kept in mind that the interest of the
society is bigger than anything and therefore, the acts of illegal mixing should be banned and
the president of the company is advised to take all the possible steps to stop the illegal
process for the interest of the society.
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Reference:
Aung, Myo Min, and Yoon Seok Chang. "Traceability in a food supply chain: Safety and
quality perspectives." Food control 39 (2014): 172-184.
Austin, Erica Weintraub, and Bruce E. Pinkleton. Strategic public relations management:
Planning and managing effective communication campaigns. Vol. 10. Routledge, 2015.
Babin, Barry J., and William G. Zikmund. Exploring marketing research. Cengage Learning,
2015.
Fortin, Neal D. Food regulation: law, science, policy, and practice. John Wiley & Sons,
2016.Havinga, Tetty, and Paul Verbruggen. "Understanding complex governance
relationships in food safety regulation: The RIT model as a theoretical lens." The ANNALS
of the American Academy of Political and Social Science 670.1 (2017): 58-77.
Grunert, Klaus G., Sophie Hieke, and Josephine Wills. "Sustainability labels on food
products: Consumer motivation, understanding and use." Food Policy 44 (2014): 177-189.
Lelieveld, Huub LM, John Holah, and David Napper, eds. Hygiene in food processing:
principles and practice. Elsevier, 2014.
Lim, Kar H., et al. "US consumers’ preference and willingness to pay for countryoforigin
labeled beef steak and food safety enhancements." Canadian Journal of Agricultural
Economics/Revue canadienne d'agroeconomie 61.1 (2013): 93-118.
Lim, Kar H., et al. "US consumers’ preference and willingness to pay for countryoforigin
labeled beef steak and food safety enhancements." Canadian Journal of Agricultural
Economics/Revue canadienne d'agroeconomie 61.1 (2013): 93-118.
Rutsaert, Pieter, et al. "The use of social media in food risk and benefit
communication." Trends in Food Science & Technology30.1 (2013): 84-91.
Spink, John, Douglas C. Moyer, and Peter Whelan. "The role of the public private partnership
in Food Fraud prevention—includes implementing the strategy." Current Opinion in Food
Science 10 (2016): 68-75.
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Srivastava, Shakuntala. "Food adulteration affecting the nutrition and health of human
beings." Journal of Biological Sciences and Medicine 1.1 (2016): 65-70.
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