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Case Study: Dow Corning

With an ever-increasing demand for products and services with Americas booming economy, consumers are exposed every day to new, innovative, and sometimes dangerous products. With these improvements in technology and sophistication, there are many products that are not, and cannot be understood by the consumer. There is very much interest now in the ethics of consumer production and marketing, in order to protect the consumer from these sometimes dangerous or misleading products.

One of the major consumer product problems from the late seventy's through the ninety's was with silicon gel breast implants. Beginning in 1963, Dow Corning, a branch of the Dow Chemical Company, produced silicon breast implants. (Velasquez, 356) Spanning through major litigation into the late 1990's, there have been many questions into the quality, safety and ethical practices concerning the production and presentation of these products. The Dow Corning case as found in Manuel Velasquez's Business Ethics, Concepts and Cases (355-359), provides an excellent example that gets to the base of problems dealing with ethics of consumer production and marketing.

After a brief summary of the Dow Case, I will discuss how the cas


While these points all agree with those who advocate the Contract theory, there are critics of the theory. One objection to this theory states that the contract theory focuses on the fact that a consumer can easily agree to a contract with full knowledge of the product being faulty, or without the stated properties. This is true, however, in early cases, I believe this case proves that this criticism does not apply. Because there was no evidence or any information proving that the silicon was unsafe, the consumer had no ability to choose the product on those claims.

*All information in the previous summary paragraphs was gathered from the case study Dow Corning found on pages 355-359, Business Ethics, Concepts and Cases written by Manuel Velasquez.

The basis of the contract view falls under several limitations. A traditional moralist perspective would state that these 3 limitations must be met under a contract. Both sides of the agreement (consumer and business) know that they are entering an agreement. There cannot be intentional misrepresented or withheld information or facts of the contract or the situation from either side of the agreement. And both groups involved in the contract must voluntarily involved. (Velasquez, 326) In the Dow case two of these were met. However, through the case, it is clear that information was consistently misrepresented. Throughout testing, and even after implants, there was consistent data overlooked, and not stated that showed the dangers of the implant and silicon gel. Through this fact, Dow violated the Contact view under the moralist perspective. Along with this view, Dow did not comply with the terms of their sales contract. Because Dow clearly stated early on, that the silicon gel implants were safe, and free from any risks, they clearly violated the consumer, by providing a product that had been agreed upon being safe.

Further, a study published in 1994 showed that only 30% of implants among women stayed intact after 15 years. In 1995, a study reported that 71% of the breast implant patients surveyed had experienced breaks in the implants, or severe leakage of the silicone gel substance.

More studies in the late 1970's showed that cancerous tumors were as a result of the implants in 80% of tests. After review, the FDA discounted these findings, stating that the tests did not provide sound evidence to similar reactions possible in humans. 10 years later, the FDA began requiring lifet

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Approximate Word count = 1663
Approximate Pages = 7 (250 words per page double spaced)


  

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