Social, Legal, and Ethical Issues in Marketing Essay

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The manufacturing, advertising, and retailing of a product devoid of consideration for ethical, legal, and social aspects is harmful to the general success of any entity. The company in consideration is Jolly Company, which is presenting Bubbly Energy Drink. This is a start-up company that will have its base of operations in the State of Texas, in the United States. With the U.S. being the domestic market, the international market included in this discussion is Mexico. Energy drinks are amidst the most fast growing business segments of the entire beverage industry in the present day and are progressively more market in the direction of young individuals. Owing to the fact that these drinks are comparatively new to the market, the impacts of their longstanding use continues to be vague, and there is increasing proof to hint that they may be detrimental to young consumers. One of the legal issues linked to the product encompasses the association between energy drinks and the health of consumers. There have been numerous sicknesses, deaths, and persistent disabilities associated to various energy drinks (Law Info, 2017).



An additional legal issue surrounding the company and its products is marketing and advertisement. In particular, energy drink companies more often than not market their products with the proclamations that they boost and enhance psychological functioning, offering transitory boost to both mood and performance. Nonetheless, from a legal perspective, these companies face the risks of facing lawsuits from the general public and also other organizations because they rarely address the prospective longstanding effects that consuming their products may have (Richards and Smith, 2016).

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Moreover, in accordance to Cohen (2015), energy drink companies face the legal risk of being in violation of the law with their marketing and advertisement of energy drinks to children who are significantly young, regardless of the scientific outcomes that such products may give rise to substantial morbidity amongst adolescents.



From an ethical perspective, one of the key issues that Jolly Company will face with respect to its energy drink product is whether excessive consumption of the energy drinks is an issue of negligence by the company or ought to be deemed a personal choice. This ethical issue that the company faces is whether it is an aspect of negligence on the firm for failing to sufficiently educate and inform the consumers of the product, more so the young individuals who are especially susceptible, or is it an issue of one's personal liability, similar to other prospective products that are harmful. Taking into consideration that majority of the buyers and consumers of the energy drink will be young individuals, some can make the argument that it is the responsibility of the company to ensure that all consumers are completely educated whereas others can argue that individuals have their own responsibility with regard to the different components they consume and place into their bodies (Mintz, 2013).



The energy drink, as….....

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References

Cohen, M. H. (2015). Energy drinks raise a monster of FDA and state legal concerns. Retrieved from: http://www.michaelhcohen.com/2015/01/energy-drinks-raise-monster-fda-state-legal-concerns/

Law Info. (2017). Energy Drink Lawsuit. Retrieved from: http://lawsuits.lawinfo.com/EnergyDrinks/index.html

Mintz, S. (2013). Is Monster Drink Legally or Ethically Responsible for the Death of Young People? Ethics Sage. Retrieved from: http://www.ethicssage.com/2013/07/is-monster-drink-legally-or-ethically-responsible-for-the-death-of-young-people.html

Richards, G., & Smith, A. P. (2016). A review of energy drinks and mental health, with a focus on stress, anxiety, and depression. Journal of caffeine research, 6(2), 49-63.

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