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Legal Advice

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Running head: Legal Advice

Assignment 2: Legal Advice

Professor Edward Pedrero
LEG 100
1 March 2012

Describe the company and the major initiative(s) they have planned for the next 5 years.
Johnson & Johnson, a fortune 500 company, is an American multinational pharmaceutical, medical device, and consumer packaged goods manufacture. The headquarters are located in New Brunswick, NJ. They are currently the sixth-largest consumer health company, and the world fifth-largest biologic company. Johnson & Johnson claims the title of the world’s largest and most diverse of medical devices and Diagnostics Company. This company is notorious for running many initiatives in the hopes of helping others and their well beings. For example, in September 2011 J&J announced the launch of every mother, every child, a comprehensive, five year, private-sector effort to improve the health of woman and children in developing countries. It’s an initiative which supports the United Nations’ April 2010 call for a renewed effort to achieve the Millennium Development Goals of reducing morality in woman and children by 2015. There are four main programs to achieve the goal, which are mobile health for mothers, intestinal worms in children, R&D innovations, and Safe Birth Programs. "Every Woman, Every Child has shown what can be achieved through close cooperation between the UN, governments, and the private sector," said United Nations Secretary General Ban Ki-Moon. "A great deal has been achieved in the last year. Visionary leaders recognize the value of investing in the health of women and children." ("About Johnson & Johnson,") In 2011, they have added even more programs to continue to success in the every mother, every child movement. For example, Helping Babies Breathe (HBB), a new safe births initiative strengthening training programs to help babies breathe at birth is expected to save the lives of thousands of babies. This program has already saved 90,000 infants lives and is projected to save 175,000 more babies from premature and preventable deaths in the next five years. Another initiative, Mobile Alliance for Maternal Action (MAMA), is using technology and mobile phones to deliver prenatal and post-birth health information to 15 million new and expectant mothers in the developing world. The women will receive important phone messages on prenatal health, safe delivery, and immunization reminders. J&J is helping make the world a better and healthier place for all of us to live. In addition to helping others with their particular health situations, they are also better the health workers by implementing the One Million Health Workers Challenge. Its training and support for all front-line health workers, including skilled birth attendants, in the developing world which is necessary for improvement of children’s health. J&J has promised to advocate for and support the Front line health workers coalition. Great health workers can only help improve the health and well-being of recipients seeking health attention.
Determine which elements of administrative law will be most relevant to the upcoming initiative(s) and what the impact of those laws will be.
Even though J&J’s initiative is a great campaign, they must still consider administrative laws they must comply with. Administrative laws are to govern agency practices and understanding administrative law principles is critical to public health. Health departments have broad authority under the constitution; however, are less deferential under some state constitutions. Courts accept general powers because of efficiency, flexibility, and speed. J&J had to work hand and hand to make sure they were compliant with all public health laws as well as safety laws. Also since they are working in different countries, they must make sure they are abiding by their particular health codes, although America is known to have one of the strongest, most concise health regulations in the world.
Discuss applicable sales, licensing, and e-Commence laws the company will need to take into consideration during their initiative(s).
During this initiative, J&J needs to be assured they are following sales, licensing, and e-commerce laws to make sure they do not get any threats of lawsuits. Sales law, which is the law governing the sale of goods or services for money or credit, is one of the main laws they must abide by during this initiative. For example, The UCC generally requires written agreements for enforceable sales contracts for products worth more than $500. The formation of a sales contract is quite flexible because certain missing terms in a written contract or other ambiguities do not prevent the contract from being legally enforceable; however, the company must make sure they keep all documents of sales during the initiative. In this particular initiative, J&J will not have to worry about licensing laws as they are not applicable to their programs. J&J has to make sure they are following e-commerce laws, especially since one of their programs is mainly focused on the use of buying/selling over the Internet. E-commerce includes the entire online process of developing, marketing, selling, delivering, servicing and paying for products and services. However, since J&J is such a highly admired and respected company they will more than likely be compliant with all of the laws in order to make their initiative successful.
Makes recommendations for the company to minimize the threat of lawsuits relating to privacy protection, product liability, or intellectual property rights.
In order for J&J to keep their good name up, they must follow the privacy protection laws, which they have clearly addressed on their website in great detail. To the contrary of their privacy protection, J&J needs immense work done on their product liability. There are many website claiming, J&J, has not taken products off the market even due with lethal defects. Even though, they have a great campaign going, it may make others nervous of their quality of work and dedication to health care if they aren’t addressing these problems. My advice to them is to figure out if these defects are truly coming from their products and to immediately pull them from stores to stop any more possible defects to consumers. They need to understand that their campaign every woman, and every child can only continue to be more successful if they look at the liability reports on certain products to observe what products are causing issues.

References
J&J. (2011 September). Johnson and Johnson make strong process. Retrieved from http://www.marketwatch.com/story/johnson-johnson-makes-strong-progress-in-first-year-of-initiative-to-improve-health-of-millions-of-women-and-children-in-the-developing-world-2011-09-20

Administrative law. (n.d.). Retrieved from http://www.hg.org/adm.html

About Johnson & Johnson. (n.d.). Retrieved from http://www.jnj.com/connect/about-jnj/

Programs,groups, & activities. (n.d.). Retrieved from
http://www.jnj.com/connect/about-jnj/diversity/programs

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