Herbalife Case Summary

The case Pierce v. Ortho Pharmaceutical Corp. was over if employee at will has a cause of action against her employers. Dr. Pierce refused to continue a project that she viewed it as medically unethical, however the employer continued with project and suggest for her to work on other project. In this case there are 3 key stakeholders Dr. Pierce, Ortho Pharmaceutical Corp. and Public (Halbert & Inguli, 2014).

Elvis Eggplant has induced Mr Manfredi to purchase the café HappyHippie by inflating financial accounts by 60% and supplying misleading information about future profitability of the cafe. This essay will argue there is sufficient evidence to establish that Elvis Eggplant has given misleading information to pursue Mr. Manfredi to get into a contract to buy the café HappyHippie. Mr. Manfredi could pursue damages and rescission against Elvis Eggplant under Australian Competition and Consumer Act 2010 S 18 for fraudulent misrepresentation.

As the brand manager for Allround cold medicine, there were many decisions regarding product formulation, strategy, line extensions and product launches over the company’s last 10 periods. The brand was focused on remaining a profitable, mature product family within the cold medicine category, but also maintaining a premium brand image.

This paper commences by defining the problems that were faced by Lululemon Athletica Inc in 2013. After, the author explores the causes of the issues that the company was experiencing and the effects that they had on Lululemon Athletica Inc. The next step is to look at ways in which the issues could have been addressed both for the short-term and long-term. When all is said and done, the audience will fully appreciate why “Lululemon Athletica Inc should revert to its fundamentals – that is, to concentrate on the needs of the consumer”.

It also declares an “unfair method for the sake of competition that affects commerce, and also being involved in the deceptive acts which affect commerce, are declared unlawful.” The Don’s restaurant is rather famous and has great market value. This means that there must be competitors in the market for Don’s restaurant to participate in various acts. The truth will be known once the investigations have been made. Injustice and deception for the consumers symbolizes two separate areas of the FTC authority and enforcement. The FTC has the authority to overtake all the unfair techniques of the competition between the businesses (Macaulay, 1979).

(Federal Trade Commission) enforces the provisions of this act. Marketing and advertising is an effective way to introduce products or services and to increase sales. However it could also be a tool company’s use unethically. Any information that is likely to mislead consumers into purchasing or using products and services that is deceptive or unfair comes under the radar of the FTC. An example of this, weight loss products, actions have been taken against hundreds of

The breach of contract filed by McDonalds against Simon Marketing was eventually tossed out of court as the US District Justice ruled the case did not belong in federal court. Simon Marketing filed suit against McDonalds on October 23, 2001 asking for 1.9 billion in damages on charges of fraud, breach of contract, breach of licensing agreement and defamation. Simon Marketing alleged that by keeping them in the dark during the nearly year long FBI investigation, McDonald’s ran a fraudulent campaign to intentionally destroy Simon for its own public relations and financial benefit.” (Anonymous, 2002, para. 3-6).

The Roaring Fork Valley Physicians, IPA, Inc., a Corporation violated Federal Trade Commission (FTC) Act’s Section 5. This Roaring Fork Valley Physicians, IPA, Inc., a Corporation was connected to approximately 80 percent of the doctors of the Garfield County, Colorado. The Federal Trade Commission (FTC) Act’s Section 5 stands for 15 USC 45. This act prohibits any unfair or deceptive act in practice in or affective commerce. This law is applicable to all the individuals who are related to the commerce and includes banks too. (1)

Apparently consumers in California were just as dubious. In her class action lawsuit filed last week in federal court in San Francisco, lead plaintiff Colleen Gallagher of Piedmont, Calif., said that Chipotle deceived customers into paying more for their food and violated the Federal Food, Drug and Cosmetic Act with its false and misleading food labeling.

In the late 1960’s, the FTC was a paper tiger. Ralph Nader, who began the consumer protection movement in this country with the publication of Unsafe At Any Speed, was a sharp critic of the Federal Trade Commission for its lack of consumer protection. Specifically, the FTC was criticized because it relied too heavily on consumer complaints and brought enforcement actions only on a case-by-case basis. The consumer protection movement wanted the FTC to proceed against entire industries rather than individual businesses.

Tierra is very polite and a professional candidate. She most recently finished a temporary assignment with a client of Pinnacle Partners. She had been responsible for accepting inbound calls from clients who needed to schedule appointments and she would enter their personal and insurance information. She had made outbound calls to follow up on their appointments or gathering the correct information. She loved this job and would have stayed but the assignment came to an unexpected end. Prior to this, she had worked for the Indianapolis Housing Agency. In this role she was responsible for handling any issues, inquiries, requests that the executive management would need to be handled, and fielded calls to the correct department. Prior to this,

Equipped with Wyndham, the FTC’s guidelines in providing information about what acts constitutes unfair or deceptive practices carry more precedential force than ever before. Essentially, the Circuit Court of Appeals’ holding in Wyndham affirms the FTC’s discretion to

availability of substitutes 1, and the threat of retaliation from incumbents (by lowering price, for

Pharmed First Inc. is a widely successful chain pharmaceutical company with 85 drugstores located in Canada’s Atlantic provinces. George Brenner is one of the 6 regional managers and Angela MacFee is a store manager in a mall located in Dartmouth. One of MacFee’s loyal customers have purchased 9 packages of Diet Magic on September 2011 however wanted to return them on May 2012. Subsequently, MacFee reacted hastily and defensively, arguing with Johnston in spite of Pharmed First Inc. return policy (Figure 1). As a result, Johnston wrote a letter to Frank Chen, the president of Pharmed First Inc. and told Brenner to deal with it. He proposed that the company gives Johnston a $500 voucher and that MacFee apologizes. However, MacFee remained inflexible as she also challenged Brenner’s authority.

They sell household products such as shampoo and baby powder, which are daily essential products for most of the consumers. Therefore, it is very important that all the information about the products is delivered to the public. However, in 2009, The Campaign for Safe Cosmetics discovered that J&J manufactured their baby products with an ingredient that releases formaldehyde, which in high levels can cause cancer [9]. There were many cases where women suffered from ovarian cancer after a long-term use of its baby powder. One of the lawsuits accused the company for not adequately warning about the cancer risk associated with talcum powder, and concealed this information from the public instead [10]. Hence, it was ordered to pay $417 million to a woman who developed ovarian cancer after using its baby powder. Moreover, J&J was ordered to pay $72 million to a family of a woman, aged 62, who died from ovarian cancer because of using their baby powder for many years [11]. This is similar to the crisis that happened back in 1982, where 7 people died from taking their painkiller,