Assignment:
Consumer Protection
Explain the best solution below and include comments related to any ethical issues that arise. Try to locate at least one case that has been decided on the issue or one that is currently pending to support your answer.
Part I: Consumer Protection
PharmaCo created and patented a prescription drug that will make people look younger and lose weight. The problem is that the drug causes significant stomach problems. Paige Turner, an executive of PharmaCo, wants to advertise the drug’s benefits on the Internet, television, and radio without mentioning the stomach problems. Her secretary, Pete Zahutt, explains that she could run into problems, and that he is not sure the drug can even be advertised. Paige disagrees stating that it is up to physicians to warn patients of possible complications. Paige tells Pete that she will not provide any information regarding contacting PharmaCo so that no one at the company will be annoyed by receiving numerous inquiries about obtaining the drug’s benefits. What would an FDA representative likely say in regard to Paige’s plan?
Part II
Using the internet; locate a case that involves a scenario that could be both a crime and tort.
- Provide the name of the case, court, and citation.
- Summarize, in your own words, the facts, ruling, and rule of law applied by the court.
- Use legal reasoning to explain your selection. Provide support for why the example is both a crime and a tort.
- Do jails deter crime? Why or why not?
- In your opinion, how can punishments should be imposed on the wrongdoer to deter future criminal or tortuous acts?