122-1 McGraw-Hill/Irwin © 2003 The McGraw-Hill Companies, Inc., All Rights Reserved. 222-2 CHAPTER TWENTY-TWO PUBLIC POLICY ISSUES 322-3 Life Cycle of a Public Concern • Stirring • Trial Support • Political Arena • Regulatory Adjustment Figure 22.1 422-4 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 522-5 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 622-6 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 722-7 Which Are the Real Product Warning Labels? Figure 22.4 1. On a disposable razor: “Do not use this product during an earthquake.” 2. On a rock garden: “Eating rocks may lead to broken teeth.” 3. On a roll of Life Savers: “Not for use as a flotation device.” 4. On a hair dryer: “Do not use while sleeping.” 5. On a piano: “Harmful or fatal if swallowed.” 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. On syrup of ipecac: “Caution: may induce vomiting.” 9. On an iron: “Do not iron clothes while being worn.” 10. On a plastic sled: “Not to be eaten or burned.” 11. On work gloves: “For best results, do not leave at crime scene.” 12. On a jet ski: “Riders may suffer injury due to forceful entry of water into body cavities while falling off this craft.” 13. On a carpenter’s router: “This product not intended for use as a dentist’s drill.” 14. On a blender: “Not for use as an aquarium.” 15. On a stroller: "Always remove child from stroller before folding." 822-8 Other Areas of Public Policy Debate • • • • • Environmental Needs Worthy Products Morality Monopoly Personal Ethics (what would you do?) 922-9 Environmental Needs • A new product is said to hurt the environment if: – Its raw materials are scarce or hard to get to. – Its design or manufacture causes pollution or excess power usage. – Its use causes pollution. – Its disposal cannot be handled by recycling. • Some companies test market their products in Germany and Scandinavia, because of the strict greenness tests there. 22-10 10 Public Policy Problems and the New Products Process Figure 22.6 22-11 11 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. 22-12 12 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