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Presented By:
Anika Babar & Hassan Raza
MARKETING & PRODUCT SAFETY
PRESENTATION SCHEME
• Introduction
• Consumerism and Marketing Concept
• With the sale of goods to the public comes responsibility on
the part of the manufacturer and advertiser.
• Government has some responsibility to protect the public
from hazardous or mislabeled goods.
• What responsibilities do companies have toward their
consumers?
• How can goods be promoted while respecting the choices of
individuals?
INTRODUCTION
The complexity of an advanced economy and the
necessary dependence of consumers on business to
satisfy their many wants increase business’s
responsibility for product safety.
BUSINESSES & PRODUCT SAFETY
CONSUMERISM AND MARKETING CONCEPT
• Concept of consumerism
• Marketing concept
• Effort of satisfying consumer
• Concept of defenders about marketing
SELLER RIGHTS
• Right to decide the design and style of product
• Right to set the price and other terms of sale of the products
• Right to make decisions about distribution
• Right to promote products
CONSUMER RIGHTS
• Right to be protected from harmful products
• Adequate information about products
• Right to be offered a choice
• Right to have a voice
PACKAGING & LABELING
• Business is responsible to provide accurate, clear, and
understandable product information that meets consumer
needs.
• Product labels often fail to do this.
• Package shape, terms, and quantity surcharges may also
mislead shoppers.
• Improper packaging and labeling can put a health conscious
consumer at a disadvantage
• Manufacturers offer a number reasons for not providing more
information
• Moral conduct begins by providing consumers with what they
need to know to make informed product choices.
PACKAGING & LABELING
PRICING
• Consumer concerns about pricing
• Raised consumer concern on the introduction of UPC
• Problem of hidden costs
• Problems with price fixing
• Problems with price Discrimination
The “Classic” theory – The company owes the consumer a
product that lives up to the explicitly stated safety claims, plus
warnings about known hazards that are not obvious.
The “Due Care” theory – The company owes the consumer a
product that is designed and manufactured to be as safe as
possible, plus warnings about hazards that cannot be avoided.
The “Social Costs” theory – The company should meet the “Due
Care” theory requirements, plus pay for any harm that may
occur.
OBLIGATION OF INFORMING
• Deceptive techniques:
• Advertisers are sometimes tempted to misrepresent and
deceive by:
– Exploiting ambiguity
– Concealing facts
– Exaggerating
– Using psychological appeals
DECEPTIVE & MANIPULATIVE MARKETING
PRACTICES
Price fixing
Resale price
maintenance
Price
discrimination
Reciprocal
Dealing
Anticompetitive
Marketing Practices
PRICE FIXING
• The effort to control a given market and conspire to force
consumers to pay artificially high prices.
• There are two kinds of price fixing:
– Horizontal
– Vertical
• Horizontal: Occurs when competitors agree to adhere to a
set price schedule (not to cut prices below a certain
minimum, or to restrict price advertising or the terms of
sales or discounts).
• Vertical: Takes place when manufactures and retailers, as
opposed to direct competitors, agree to set prices.
PRICE FIXING
• Agreement
• Manufacturer and Seller
• Regarding Price (limits)
• Sold to final consumer
RESALE PRICE MAINTENANCE
Manufacturer
Seller
Consumer
• Price discrimination occurs when a firm charges different
prices to different customers for reasons other than
differences in costs
• Price-discriminating monopoly does not discriminate based
on prejudice, stereotypes, or ill-will toward any person or
group
• Rather, it divides its customers into different categories
based on their willingness to pay for good
PRICE DISCRIMINATION
RECIPROCAL DEALING, TYING
ARRANGEMENTS & EXCLUSIVE DEALING
An agreement to sell a product on the condition that a
buyer also purchases another, usually less desirable,
product
THE FORD PINTO
CASE
• Wrong placement of the gas tank
• Ford failed to provide the customers with necessary
information
• Their product caused suffering and death
• Ford faced a lawsuit for infringing consumer’s rights
FORD PINTO
• The due care theory
• The contractual theory
• Strict liability
THEORIES OF PRODUCT LIABILITY
• Take all reasonable precautions to ensure product safety
• Manufacturers are responsible for damages if they fail to
ensure safety
• If damage is done then manufacturer must compensate
• Aristotle’s corrective justice
THE DUE CARE THEORY
PROBLEM OF MISUSE
A violation of the responsibility to protect others from
unreasonable risk. In determining whether an act was
negligent, courts look at whether an ordinary person would
have committed the same act.
NEGLIGENCE RULE
• The rule focuses on three factors:
– The probability of harm
– The severity of harm
– The burden of protecting against the harm
• A manufacturer has three main duties:
– Inspect and test
– Anticipate the target market
– Provide adequate warning labels
NEGLIGENCE RULE
• The harm resulting from defective product is specified in the
contract
• The relation between buyer and seller is a contractual
relation
• The explicit written and verbal contract is enforceable in the
court of law
THE CONTRACTUAL THEORY
• Presumed expectations
about a product’s function,
safety, and/or quality.
– For example, because
consumers tend to associate
high-quality with safety, ads
touting a high-quality product
might be implying that the
product is safe.
Implied Warranties
• Statements that cause
consumers to form
expectations about a
product’s function, safety,
and/or quality.
– When ads convey promises
about a product that becomes
the basis of a bargain
between buyer and seller, it is
an express warranty.
Express Warranties
WARRANTIES
• This occurs when a company sells a product considered to be
unreasonably dangerous even though the seller took all
possible care in selling and preparing the product.
• Focused on the product rather than the behavior
• Foreseeability and adequate warning labels
STRICT LIABILITY
ETHICAL ARGUMENTS
THANK YOU

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Marketing & product safety

  • 1. Presented By: Anika Babar & Hassan Raza MARKETING & PRODUCT SAFETY
  • 2. PRESENTATION SCHEME • Introduction • Consumerism and Marketing Concept
  • 3. • With the sale of goods to the public comes responsibility on the part of the manufacturer and advertiser. • Government has some responsibility to protect the public from hazardous or mislabeled goods. • What responsibilities do companies have toward their consumers? • How can goods be promoted while respecting the choices of individuals? INTRODUCTION
  • 4. The complexity of an advanced economy and the necessary dependence of consumers on business to satisfy their many wants increase business’s responsibility for product safety. BUSINESSES & PRODUCT SAFETY
  • 5. CONSUMERISM AND MARKETING CONCEPT • Concept of consumerism • Marketing concept • Effort of satisfying consumer • Concept of defenders about marketing
  • 6. SELLER RIGHTS • Right to decide the design and style of product • Right to set the price and other terms of sale of the products • Right to make decisions about distribution • Right to promote products
  • 7. CONSUMER RIGHTS • Right to be protected from harmful products • Adequate information about products • Right to be offered a choice • Right to have a voice
  • 8. PACKAGING & LABELING • Business is responsible to provide accurate, clear, and understandable product information that meets consumer needs. • Product labels often fail to do this. • Package shape, terms, and quantity surcharges may also mislead shoppers.
  • 9. • Improper packaging and labeling can put a health conscious consumer at a disadvantage • Manufacturers offer a number reasons for not providing more information • Moral conduct begins by providing consumers with what they need to know to make informed product choices. PACKAGING & LABELING
  • 10. PRICING • Consumer concerns about pricing • Raised consumer concern on the introduction of UPC • Problem of hidden costs • Problems with price fixing • Problems with price Discrimination
  • 11. The “Classic” theory – The company owes the consumer a product that lives up to the explicitly stated safety claims, plus warnings about known hazards that are not obvious. The “Due Care” theory – The company owes the consumer a product that is designed and manufactured to be as safe as possible, plus warnings about hazards that cannot be avoided. The “Social Costs” theory – The company should meet the “Due Care” theory requirements, plus pay for any harm that may occur. OBLIGATION OF INFORMING
  • 12. • Deceptive techniques: • Advertisers are sometimes tempted to misrepresent and deceive by: – Exploiting ambiguity – Concealing facts – Exaggerating – Using psychological appeals DECEPTIVE & MANIPULATIVE MARKETING PRACTICES
  • 14. PRICE FIXING • The effort to control a given market and conspire to force consumers to pay artificially high prices. • There are two kinds of price fixing: – Horizontal – Vertical
  • 15. • Horizontal: Occurs when competitors agree to adhere to a set price schedule (not to cut prices below a certain minimum, or to restrict price advertising or the terms of sales or discounts). • Vertical: Takes place when manufactures and retailers, as opposed to direct competitors, agree to set prices. PRICE FIXING
  • 16. • Agreement • Manufacturer and Seller • Regarding Price (limits) • Sold to final consumer RESALE PRICE MAINTENANCE Manufacturer Seller Consumer
  • 17. • Price discrimination occurs when a firm charges different prices to different customers for reasons other than differences in costs • Price-discriminating monopoly does not discriminate based on prejudice, stereotypes, or ill-will toward any person or group • Rather, it divides its customers into different categories based on their willingness to pay for good PRICE DISCRIMINATION
  • 18. RECIPROCAL DEALING, TYING ARRANGEMENTS & EXCLUSIVE DEALING An agreement to sell a product on the condition that a buyer also purchases another, usually less desirable, product
  • 20. • Wrong placement of the gas tank • Ford failed to provide the customers with necessary information • Their product caused suffering and death • Ford faced a lawsuit for infringing consumer’s rights FORD PINTO
  • 21. • The due care theory • The contractual theory • Strict liability THEORIES OF PRODUCT LIABILITY
  • 22. • Take all reasonable precautions to ensure product safety • Manufacturers are responsible for damages if they fail to ensure safety • If damage is done then manufacturer must compensate • Aristotle’s corrective justice THE DUE CARE THEORY
  • 24. A violation of the responsibility to protect others from unreasonable risk. In determining whether an act was negligent, courts look at whether an ordinary person would have committed the same act. NEGLIGENCE RULE
  • 25. • The rule focuses on three factors: – The probability of harm – The severity of harm – The burden of protecting against the harm • A manufacturer has three main duties: – Inspect and test – Anticipate the target market – Provide adequate warning labels NEGLIGENCE RULE
  • 26. • The harm resulting from defective product is specified in the contract • The relation between buyer and seller is a contractual relation • The explicit written and verbal contract is enforceable in the court of law THE CONTRACTUAL THEORY
  • 27. • Presumed expectations about a product’s function, safety, and/or quality. – For example, because consumers tend to associate high-quality with safety, ads touting a high-quality product might be implying that the product is safe. Implied Warranties • Statements that cause consumers to form expectations about a product’s function, safety, and/or quality. – When ads convey promises about a product that becomes the basis of a bargain between buyer and seller, it is an express warranty. Express Warranties WARRANTIES
  • 28. • This occurs when a company sells a product considered to be unreasonably dangerous even though the seller took all possible care in selling and preparing the product. • Focused on the product rather than the behavior • Foreseeability and adequate warning labels STRICT LIABILITY

Editor's Notes

  1. There are many reasons why the manufacturers cannot enlist all the details on their product because
  2. Advertising provides little useful information about goods and services, but has as its goal to persuade us to buy certain ones.
  3. Resale price maintenance (RPM) is the practice whereby a manufacturer and its distributors agree that the distributors will sell the manufacturer's product at certain prices.
  4. Note: In both negligence and strict liability cases, the users must have been harmed by the defective product.