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BL 513 Law of Marketing

Published : 18-Oct,2021  |  Views : 10

Question

Precious Product Poisoning

Explain how you would analyze the following situation from an Ethical communication law perspective. 

You are the President of Precious Product Corporation. You have just become aware that entry-level employees have been mixing unapproved protein supplements into the MASTER MIX for your main product, a universal pet food. The master mix is the basic supplement utilized as an ingredient in all pet foods given to any mammal.  Unfortunately, while these unapproved protein supplements mimic the effect of natural protein, they do not have any nutritional value and prolonged use of the supplements eventually cause kidney failure followed by the death of the mammal.

No one told the new hires to do this, nor did anyone in the company condone this behavior; in fact, the UR supervisor told the new hires to STOP this activity as soon as she heard what was going on.

The rest of the board has told you to forget about it.

What do you do?

Answer

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 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 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.

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.

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 country?of?origin?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 country?of?origin?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.

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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