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Choice & Manipulation - PowerPoint Presentation Example

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In the paper “Choice & Manipulation” the author analyzes the rising magnitude of the budgetary allocations associated with advertising, the proportionate rise in the influence commanded by the advertising efforts and the associated laws ethics and technology…
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Choice & Manipulation
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Download file to see previous pages v. Kelly Ayotte, Attorney General of New Hampshire was an important case that decided on the right of the information providers to sell the data related to the prescribing practices of doctors to pharmaceutical companies (Halbert & Ingulli, 2010). The pharmaceutical companies used this information to streamline their detailing strategies, which were already under shadow owing to some questionable practices. The law under question was based on the reason that the pharmaceutical companies used the prescriber specific data to invade doctor privacy and to promote the sale of branded preparations, which augmented the overall cost of providing health facilities to the people (Halbert & Ingulli, 2010, p. 235). The court subscribed to the Central Hudson line of analysis to gauge the constitutionality of this law. Though, the court agreed with the AG’s premise that the restraining of health costs as envisaged by this law was a valid state interest, it felt that this in no way authentically proved that the patented drugs caused more harm as compared to generic salts or in any way interfered with the goal of promoting public health (Halbert & Ingulli, 2010). Besides, the court also concluded that the state could resort to many other institutional measures to counter balance the impact of detailing and did not need to restrain pharmaceutical companies from accessing information that they could use to make their marketing strategies more sophisticated (Halbert & Ingulli, 2010, p. 237). Hornell Brewing Company v. State was another important case that delved on the legality and ethics of advertising. Hornell named one of its products, Crazy Horse, which happened to be the name of an esteemed Native American leader (Halbert & Ingulli, 2010, p. 239). The state banned Hornell from...
   The law under question was based on the reason that the pharmaceutical companies used the prescriber specific data to invade doctor privacy and to promote the sale of branded preparations, which augmented the overall cost of providing health facilities to the people (Halbert & Ingulli, 2010, p. 235). The court subscribed to the Central Hudson line of analysis to gauge the constitutionality of this law. Though, the court agreed with the AG’s premise that the restraining of health costs as envisaged by this law was a valid state interest, it felt that this in no way authentically proved that the patented drugs caused more harm as compared to generic salts or in any way interfered with the goal of promoting public health (Halbert & Ingulli, 2010). Besides, the court also concluded that the state could resort to many other institutional measures to counter balance the impact of detailing and did not need to restrain pharmaceutical companies from accessing information that they could use to make their marketing strategies more sophisticated (Halbert & Ingulli, 2010, p. 237).          Hornell Brewing Company v. State was another important case that delved on the legality and ethics of advertising. Hornell named one of its products, Crazy Horse, which happened to be the name of an esteemed Native American leader (Halbert & Ingulli, 2010, p. 239). The state banned Hornell from using this name, holding that it hurt the Native American sentiments and made this community more vulnerable to alcoholism (Halbert & Ingulli, 2010, p. 239). ...Download file to see next pagesRead More
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