Ethisphere News and Commentary Blog

Marketing Practices

Tesco Sues Thai Dissenters for Speaking Out Against Its Expansion in Thailand

April 8th, 2008

A Thai Member of Parliament (MP) and a newspaper critic face millions of dollars in damages and significant prison time after being sued for libel by Tesco, the UK’s largest retailer, according to a story by the Guardian Newspaper. Both were sued for saying that Tesco, known as Tesco Lotus in Thailand, is expanding […]

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3M Misrepresents Size of Tape

March 31st, 2008

Thanks to a settlement announced last Thursday, 3M Company will have to change the labels of their tape products and pony up nearly $700,000 for allegedly misrepresenting the physical dimensions of their tape by six percent. 3M was accused of mislabeling its products by Fresno, California’s Division of Measure Standards, which brought suit against

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68 Million Reasons Why You Want to Report Bad Behavior

February 8th, 2008

Seven years ago H. Dean Steinke, a rising employee and former district sales manager for Merck, put his career on hold by blowing the whistle on his former employee’s unethical marketing practices. Today, his conscience finally paid off when Merck agreed to pay $671 million to settle accusations of overcharging government programs such as […]

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Green Washing at its Best

January 14th, 2008

Stop the presses! Al Gore, the Sierra Club, and environmentalists everywhere are going to need to find a new hobby because global warming has just been stopped. Limousine Eighteen, the international “ground transportation company,” has purchased one hybrid SUV for their fleet of ground vehicles. This was revealed to the world in the […]

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Drug-Maker Amgen is Accused of Shady Sales Dealings

January 14th, 2008

Two former sales representatives for Amgen have brought suit against the company, alleging it used questionable and illegal sales tactics to help push sales of its psoriasis-treating drug, Enbrel. The suit alleges that Amgen pressured its sales team to 1) obtain physician’s records for patients suffering from psoriasis and 2) encourage insurance companies to reimburse […]

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Californian Sues Staples and HP Over Price-Fixing

December 21st, 2007

Staples and HP have been sued by a California man, who accuses the two of price-fixing. Ranjit Bedi claims that HP approached Staples, asking that the company stop selling third party ink cartridges for HP printers. In turn, Bedi claims, Staples was given over $100 million in market development funds to only sell HP […]

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Hormel Sues Campbell over Misrepresentation of “Stew”

October 25th, 2007

Although this story is unique in and of itself, more interesting is what it brought to light: there are actually federal guidelines in place for what constitutes a “stew.” The USDA outlines the official government recipe for beef stew with language that seems better suited for a Monty Python sketch. “The beef stew shall […]

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U.K. Watchdog Finds Companies Guilty of Illegitimate ‘Green’ Claims

October 8th, 2007

The Advertising Standards Authority (ASA), an independent body created by the U.K.’s advertising industry to self-regulate the rules in the advertising codes, has discovered many companies are advertising unproven claims of environmental sustainability.

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New Hair Removal Product Targeted to “Unstoppable” 10-Year-Olds

September 21st, 2007

Church & Dwight Co., Inc., parent company of the Nair line of products, unveiled a new hair removal product earlier this year aimed at 10 to 15 year olds. The product is called Nair Pretty and has been advertised in magazines such as CosmoGirl and Seventeen in order to reach “first-time hair removers.” […]

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Bristol-Myers Squibb fined $3.2 million for illegal collusion in Italy

August 11th, 2007

Italy’s antitrust authority has fined Bristol-Myers Squibb $3.2 million for illegal collusion with competitors in the colostomy bag market (competitors Coloplast SpA, Hollister SpA, and B Braun Milano SpA were also fined lesser amounts for similar anti-competitive behaviour).
At issue is that the four companies (which control 95% of the colostomy bag market in the country), […]

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Johnson & Johnson sues Red Cross over…. Red Cross

August 11th, 2007

After months of closed-door negotiating, pharma giant Johnson & Johnson filed a lawsuit Wednesday against The American Red Cross claiming that the Red Cross violated trademark laws by using the red cross symbol on certain commercial products.
Although the American Red Cross was created in 1881, while Johnson & Johnson started using the trademark in […]

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Morgan Stanley doubleplay… firm also settles illegal overcharging of customers

August 3rd, 2007

Securities regulators have announced a $6.1 million fine against Morgan Stanley for overcharging customers who purchased bonds from the firm. Morgan Stanley allegedly overcharged customers of its retail brokerage unit by $59 million for bond sales.
According to FINRA, the industry’s regulatory body, an acceptable “mark-up” is typically around 5%. However, Morgan […]

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European firms charged with bleach price-fixing

August 3rd, 2007

EU regulators said Thursday that they had charged makers of an industrial bleach (sodium chlorate) with illegal price-fixing and running a cartel. Sodium chlorate is mainly used as a bleaching agent in the pulp and paper sector. Both Finland’s Kemira Oyj and Netherlands-based Akzo Nobel NV confirmed that they had received the charges.
If […]

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Stora Enso found guil…wait a sec, acquitted (?!) by jury of price-fixing charges

July 31st, 2007

In a stunning surprise to most, coated-paper maker Stora Enso North America Corp. has been acquitted of price-fixing in a federal jury trial in Connecticut. The company had been indicted by DOJ in December 2006 on charges of conspiring with competitors to fix coated magazine paper prices during 2002-03.
Stora’s North American division is […]

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When billboards attack… betcha didn’t think of that in your compliance risk assessment didya?

July 31st, 2007

We are filing this one under the category of “Careful Communications” as the Pakistani government is reporting that five people were killed in Kararchi several days ago as a direct consequence of falling billboards in the city which collapsed due to strong winds…
Police confirmed the deaths which were caused when at least twenty billboards […]

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Xerox announces “greener paper” that uses less resources/weighs less

July 31st, 2007

With great fanfare yesterday, Xerox Corporation unveiled a first-of-its-kind paper for digital printing that uses half as many trees as traditional paper, while lowering the cost to mail printed material.
At the core of the development are Xerox’s technical achievements, which have increased the amount of a tree that can be used (doubling the yield per […]

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Dean Foods sued for price-fixing…

July 30th, 2007

As reported in the Dallas Business Journal, a group of dairy farmers has filed a series of lawsuits against Dean Foods and several other companies, including Dairy Farmers of America and National Dairy Holdings, accusing them of illegal price fixing and monopolization. The lawsuit says that, as early as 2001, Dean and […]

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No naked, swearing, smoking avatars please…IBM develops code of conduct for employees’ “online life”

July 29th, 2007

Online virtual worlds like “Second Life” continue to grow at a rapid clip. Commerce, business meetings, and other far racier ‘encounters’ are becoming more commonplace in these virtual worlds.
To help protect its reputation, IBM announced this week that it was establishing a code of conduct to govern its more than 5,000 employees who […]

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ABB probing potential bribery payments

July 28th, 2007

Swiss-based engineering group ABB announced this week that it may have violated the U.S. Foreign Corrupt Practices Act (FCPA) anti-bribery law after discovering suspect payments made by some employees overseas.
ABB said the probe is uncovering payments of concern made in Asia, South America, and Europe (with a particular focus on Italy).
The company disclosed that it […]

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Not a good day for the Win-Tel alliance in Europe

July 27th, 2007

We’ll start in Europe, where regulators decided to bring antitrust charges against Intel, the world’s largest computer chip maker. This capped a six-year investigation into allegations of illegal discounts to personal computer makers.
If determined to be guilty, Intel faces up a fine of up to 10% of its European sales during the […]

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Georgia slams deceptive marketing firm with $5 million fine

July 25th, 2007

The state of Georgia has levied a record $5 million fine against a Louisiana-based marketing company that violated the state’s Fair Business Practices Actsent when they sent deceptive mailings in an attempt to bring customers to local car dealerships.
In announcing the fines against the Smart Automotive Group, the Governor’s Office of Consumer Affairs accused the […]

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More examples of “prix fixe” in French competition… mobile phone co.’s fined $631 million

July 24th, 2007

The French competition regulator, Conseil de la Concurrence, has fined the country’s three mobile telephone companies (Orange France, FranC’aise du Radiot, and Bouygues Telecom SA) a total of $631 million for illegally restricting competition.
Investigators found that between 1997 and 2003, the operators regularly exchanged information about new and canceled contracts and used this information […]

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Verizon to pay up to $8 million over junk faxes

July 20th, 2007

Verizon Wireless could find itself paying more than $8 million to settle claims that it violated the Telephone Consumer Protection Act and sent out over 10,000 junk faxes to business in Louisiana, Florida and Alabama. While this case (one of about a dozen of its kind against Verizon) has been settled for $6 million, […]

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Everybody wins… no, wait we didn’t mean that. No one wins - and we lose. Grrr…

July 20th, 2007

As reported in the Associated Press, a Honda car dealership in New Mexico is in trouble after hiring a direct-mail marketing company which sent out 50,000 scratch-off tickets to local residents as part of a promotion. One of the 50,000 tickets was supposed to be a $1,000 grand prize winner.
The problem?
A typo and proofing […]

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TRACE International launches global anonymous bribery reporting tool

July 19th, 2007

TRACE International, a non-profit membership association (and important partner of the Ethisphere Council) that helps companies combat bribery, announced the creation of a new database that can help businesses track the prevalence of bribery attempts and requests.
This new online tool, called BRIBEline, is backed by many leading organizations and companies such as Wal-Mart, International Paper, […]

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