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• Stirring
• Trial Support
• Political Arena
• Regulatory Adjustment
Product Liability:
Typology of Injury Sources
• Inherent Risk in Product
• Design Defects
– Dangerous Condition
– No Safety Device
– Inadequate Materials
• Defects in Manufacture
• Inadequate Instructions or Warnings
• Dangers After Use
Four Legal Bases for Product
Liability
• Negligence
– Manufacturer let the product be injurious
• Warranty
– A promise
– Express warranty: a statement of fact about a product
– Implied warranty: arises when product is made available for a
given use
Four Legal Bases for Product
Liability (continued)
• Strict Liability
– Seller is responsible for not putting a defective product on the
market
– Defenses: assumption of risk; unforeseeable misuse; not
defective
• Misrepresentation
– Implied use of product, even if not defective
Other Legislation
Consumer Product Safety Act/Safety Commission
Which Are the Real Product Warning Labels?
Figure 20.3
1. NO
2. On a rock garden: “Eating rocks may lead to broken teeth.”
3. NO
4. On a hair dryer: “Do not use while sleeping.”
5. NO
6. On a cardboard windshield sun shade: “Warning: Do not drive with sun shield in place.”
7. On shin guards: “Shin guards cannot protect any part of the body they do not cover.”
8. NO
9. On an iron: “Do not iron clothes while being worn.”
10. On a plastic sled: “Not to be eaten or burned.”
11. NO
12. On a cell phone: “Don’t try to dry your phone in a microwave oven.”
13. On a carpenter’s router: “This product not intended for use as a dentist’s drill.”
14. NO
15. On a stroller: "Always remove child from stroller before folding.“
16. On a washing machine: “Do not put any person in this washer.”
17. On a fireplace log: “Caution – risk of fire.”
18. On a laser printer cartridge: “Do not eat toner.”
Preparing For the Product Recall
• Prior to the Recall
– Designate the recall program coordinator
(spokesperson)
– Develop channels for communicating with customers
directly
• During the Recall
– Assess safety risk and take corrective action
– Inform customers as well as intermediaries of the
risks
• After the Recall
– Strive to restore company reputation
– Monitor recall effectiveness
Public Policy Problems and the
Figure 20.5
• Communication
• Legal recourse
• Government
• Direct contact
• Labeling
• Strong proactive marketing
• Piracy as Promotion
Source: Laurence Jacobs, A. Coksun Samli, and Tom Jedlik, “The Nightmare of International Product Piracy,”
Industrial Marketing Management 30, 2001, pp. 499-509.
Worthy Products
• Coffee manufacturers agreed to produce some
brands containing no beans from El Salvador.
• Manufacturers have been asked to produce
special exercise equipment for the
handicapped or modified products for the
elderly.
• Orphan drugs supported by the federal
government; otherwise would not be
commercially feasible due to few users.
Products for Emerging Markets:
Basic Questions
• Should we develop new products or new technology in the
emerging market?
• Should we de-feature a current product, or build a totally new
product for the emerging market?
• Should the product be designed in the emerging market, and
by whom (in-house team or contract designers)?
• Is there a risk of having the emerging market product re-
imported to the home market where it can cannibalize sales?
• Is the technical talent from the emerging market
helpful/trustworthy?
• Are there any intellectual property risks of development or
engineering in the emerging market?
Considerations in Developing
Products For Emerging Markets
• Adapt the innovation strategy Figure 20.7
• Nokia developed a cell phone charger for the Indian market that works on
bike power. A “dynamo” transmits current generated by the revolution of
the front wheel to a bracket located on the handlebars. This is a practical
cell phone charger for a market where millions of people use bicycles as
their primary means of transportation and where electrical power is
unreliable and often unavailable through the night.
• German manufacturer Siemens has a corporate technology center in
Goa, India, where a very low-cost medical scanner was developed (it
costs about $500 per unit to produce, about a quarter of the cost of a
typical scanner of this type). Rather than redesigning and dumbing-down
a Western model, the entire scanner was redesigned in such a way as to
meet the needs of doctors in developing countries while minimizing
costs. The key to the redesign was embedding the camera in the “heart”
of the scanner.
Source: Gunjan Bagla, “Product Development in Emerging Markets,” Visions, 35(3), 2011, pp.
44-45.
Personal Ethics – What Would
You Do?
1. You introduce a temporary product and are told not to let distributors or your sales
force know it is only temporary and will soon be replaced.
2. You are marketing a new seminar service to train bank personnel in investment
counseling, but you don’t know they will really learn how to counsel.
3. You are working on an item to be sold to virtually every K-12 school. You
calculate gross margin at about 80%. The price could be cut in half and your
company margin would still be 60%.
4. Your database service collects patient records from physicians and offers a new
service of information for pharmaceutical firms, including patients’ name, age, sex,
and so on, as well as illnesses and treatments.
5. Your company’s “educational” game cards are known to be bought by less
sophisticated parents: there are several far better games on the market.
6. Your brewing company markets a new beer containing legal (sterilized) hemp
seeds, mostly as a gimmick. Nevertheless, your advertising contains obvious drug
imagery.
What Can the New Product
Manager Do?
• Include in Strategy and Policy
– Consider public policy implications in PIC
• Control Systems
• Product Testing
• Marketing Prepares Warnings/Labels
• Adequate Market Testing (to identify
miscommunications)
• Education (to company personnel and customers)
• External Affairs