Freedom of Speech in America and Its Limits Essay

Like most democratic nations in the world, the United States has had its own fair share of issues with hate speech. There has been a lot of controversy over whether hate speech should be regulated. In analyzing the concept of free speech, one cannot ignore that it does not occur in a vacuum. There have been all types of debasements ranging from ethnic, religious, racial and gendered stereotyping. Freedom of speech inherently includes all other fundamental human rights. Hence, as acknowledged through natural rights, other rights and personhood should adamantly be included within this scope of this protection. Hate speech is a limit on free speech, as it not only puts the victim under deliberate psychological and physical harm, but also†¦show more content†¦Hatred is blind inveterate anger. There is no intrinsic value in hate speech since it does not lead to the development of society. Victims of hate speech are silenced daily, â€Å"intimidated and subject to severe psychol ogical and physical trauma by racist assailants who employ words and symbols as part of oppression and subordination.† The intent of hate speech is never to continue a conversation but to end it. Hate speech is neither mere offense of the other, nor the expression of dissatisfaction with people. Offending one another is the price of free society, but that is not what is in question. According to Mari Matsuda, hate speech is a racist speech that has to with â€Å"perpetuation of violence and degradation† of minorities. It is unjustifiable freedom that curbs others liberty by stifling their views. It relies on false facts, ignorance and bigoted ideas. As Matsuda contends, even though hate speech does not curtail all speech, it does â€Å"inhibits some expression.† Outside the context of hate speech, we can acknowledge that words are powerful: they have the ability to create both positive and negative psychological effects. For instance, compliments can build co nfidence, and repeated critiques can break one’s belief in oneself. In the case of hate, speech words can degrade an individual, incite fear and lead to violence. They can traumatize some fromShow MoreRelatedFree Speech : Freedom Of Speech1403 Words   |  6 PagesFREE SPEECH Freedom of speech is perhaps the most precious tenets of liberal democracies accorded to the citizens of the free world. The United States, and the rest of the Western society is known to be the cradle of democratic principles, and this can be evidenced by the level of freedom accorded to the citizens of the United States and the West in terms of speech. The freedom of speech gives an individual an opportunity to speak his or her mind and also give his or her opinion, sometimes on veryRead MoreSpeech On Freedom Of Speech950 Words   |  4 Pagesable to speak and express yourself freely. Liberty was not absolute for everybody. Way back and even today people still don’t have complete liberty in America. The early Americans put limits on freedom even when they were trying to create more freedom. The type of limits that the early Americans put on freedom were limits on freedom of speech, and much more. Even with the American Revolution, it was not for everybody. The American Revolution was only for the colonist and men, but over time theRead MoreFree Speech Freedom Of Speech1180 Words   |  5 PagesFree speech shall not incite evil and hatred in this country. The First Amendment prevents the government from infringing upon our freedom of assembly and speech. â€Å"The disability is so complete that Congress is expressly forbidden to enact laws respecting an establishment of religion, or laws abridging the free exercise of religion, freedom of speech and press, and the right to petition the government† (Bybee). As a whole, our founding fathers only had good intentions with regards to First AmendmentRead MoreThe Issue Of Freedom Of Speech1139 Words   |  5 PagesThe Hunted â€Å"Everyone is in favor of free speech. Hardly a day passes without its being extolled, but some people s idea of it is that they are free to say what they like, but if anyone else says anything back, that is an outrage.† - Winston S. Churchill In today’s society, many people have a contradictory belief on the issue of freedom of speech. Never wishing it was taken away; but abused by the negative side of this right. People should have the right to speak their minds and not be prosecutedRead MoreImportance Of Freedom Of Speech914 Words   |  4 PagesFree Speech Should be Limited Everyone has the right to freedom of speech, but when there is freedom of speech without limits or restrictions, there is no doubt that this will lead to disaster. People will surely benefit if we are able balance between freedom of speech and restrictions to ensure that society can communicate and prosper without anarchy. The first amendment for freedom of speech can be a good thing and a bad thing if left to free. An important lesson that a young woman learned whenRead MoreThe Fundamental Principles Of The Us Constitution1439 Words   |  6 Pagesof the US Constitution is the freedom of speech. Something so ingrained in the country, that it is often an afterthought for many Americans. John Stuart Mill believes that freedom of expression and speech is a necessity for the human race to advance and evolve. Mill’s justification of this absolute freedom come from the understanding that mistakes and choices made by the person leads to progress and the development of your individual self. He also argues that speech must be absolute because the onlyRead MoreThe Catcher In the Rye Should Not be Banned Essay789 Words   |  4 Pagesbe banned. The novel, The Catcher In the Rye, should not be banned from inclusion in the literature courses taught at the high school level. nbsp; Banning a book on the basis of profanity is merely a superficial reason of those who wish to limit beliefs that do not coincide with their own. By excluding a novel from a high school curriculum in order to shelter students from profanity, is an attempt to do the impossible. Profanity is found everywhere. According to TV Guide, Profanity isRead MoreFree Speech Should Be A Limit1348 Words   |  6 PagesAmendment, because free speech is its own best antidote† (A First Amendment Junkie,19). Free speech is best refuted by itself because if someone doesn’t like a certain opinion, then they can reciprocate their opinion. In order for free speech to be refuted, someone needs to exercise their right of free speech and refute it. Jacoby is writing in the mid-to-late 70s, when the freedom of speech was in debate. Even more so now, people are arguing and misinterpreting free speech in the First AmendmentRead MoreThe Preamble Of The United States Constitution903 Words   |  4 Pageshelp better understand our United States Constitution. When the Framers coin the phrase, â€Å"secure the blessings of liberty†, it means that citizens of the United States of America have freedoms that cannot be taken away by anyone and it limits the power of the United States government to ensure us â€Å"We the People†, of these freedoms. This phrase goes along with what is stated in our Declaration of Independence that, all men are created equal, that they are endowed by their Creator with certain unalienableRead MoreHate Speech Should Not Be Restricted at Universities Essay1333 Words   |  6 Pagesof free speech. The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Even though free speech is one of the core Ame rican values proudly embedded in each citizen, some poopAmericans find themselves torn between whether or not to limit the freedom of speech

Essay The Stranger - 1275 Words

The Stranger In the book The Stranger, the main character, Meursault, is a stranger to himself, and to life. Meursault is a person who is emotionally and physically detached from the world. He seemingly cares only about himself, but at the same time could be concerned little about what happens to him. The title, the Stranger, could indicate Meursaults disconnection and indifference to the world that surrounds him and, therefore, his role as a stranger in the book. The title could also imply that he is simply a stranger to experiencing emotion and expressing feeling: that he is detached from himself and doesnt know what it means to be a human. Meursault show that is far more interested in the physical aspects of the world around†¦show more content†¦The sun on the beach torments Meursault, and during his trail he identifies his suffering under the sun as the reason he killed the Arab. Meursault is the only one who can understand his response to the situations described about and sees it as valid based on his commitment to live life as he sees it. In â€Å"The Stranger,† as in Existentialism, Meursault’s values are created by his own will rather than any innate human transcendental purpose. Existentialism is a belief that is centered on man’s freedom of choice and his responsibility for the consequences of his actions. But Meursault is a stranger to himself and his surroundings. He is detached from the world and does not make choices because of his refusal to do so, rather, he is unable to do so because he is detachment from the world. Indifference Meursault’s description of other people is entirely subjective. (Do I know the Objective) He does not attempt to portray them in neutral form or in a manor to understand their thoughts and feelings. Meursault is detached from the world and everything around him. Events that would be very significant for most people, such as a marriage proposal or a parent’s death, do not matter to Meursault, at least at a sentimental level. He does not care that Marie loves him. He does not car that his mother is deceased, which can be seen from an effort less means of not hiding lack of feeling over her death. Without displaying his indifference ofShow MoreRelatedThe Stranger1548 Words   |  7 PagesAlbert Camus creates a series of characters in The Stranger whose personality traits and motivations mirror those that are overlooked by the average man. Camus develops various characters and scenarios that are considered rude and unpleasant, but because it has become common, society acce pts it as norms. Camus incorporates atrocious personality traits of the characters, variety, consistency, and everyone’s fate through the creation of the characters. Camus demonstrates the disregarded reason behindRead MoreStranger2325 Words   |  10 PagesDiscussion Questions for The Stranger (1946); translated by Matthew Ward, 1988. Part One Chapter 1. 1. How does Camus set up Meursaults personality -- how does Meursault respond to others conversation, to ordinary social situations, and to the death of his mother? 2. On page 10, Meursault says that at the viewing of his mother, he felt as if the elderly people there were judging him. Offer a conjecture about why he might have had that feeling. (It is worth paying attention to such references toRead MoreThe Stranger Essay1048 Words   |  5 PagesAlbert Camus influential novel, The Stranger, a great work of existentialism, examines the absurdity of life and indifference of the world. This paper provides a summary of the novel, and outlines some of the novels main themes. The novels protagoinist, Meursault, is a distanced and indifferent young man. He does not believe in God, and lives his life with seemingly sensuous abandon. After Meursault is caught up in the life of a local pimp, he rather inexplicably murders a young man on theRead More The Stranger Essay879 Words   |  4 PagesThe Stranger The Stranger exhibits a society that has confined itself with a specific set of social standards that dictate the manner in which people are supposed to act. This ideology determines the level of morality, and how much emphasis should placed on following this certain ethical structure. Albert Camuss main character, Meursault, is depicted as a nonconformist that is unwilling to play societys game. Through Meursaults failure to comply with societys values and conform toRead MoreMetamorphosis And The Stranger1288 Words   |  6 Pagesexistence. The Metamorphosis, written by Kafka in 1915, follows a traveling salesman who struggles with his purpose in life. Similar to that story, Camus’s The Stranger, published in 1942, details the unnecessary undoing of an Algerian man who follows his own morals, not society’s morals. Within Kafka s The Metamorphosis and Camus s The Stranger, the characters isolation in society, illogical thoughts without real reasoning, and freedom to choose reflect the concept of Existentialism by illustratingRead MoreExistentialism In The Stranger1413 Words   |  6 PagesThe novel, The Stranger, written by French author Albert Camus, is a philosophical fiction piece published in 1942. This book used both Existentialism and Absurdism to promote Meursault s problem throughout the book. Both of these are related to Modernism, which was the aftermath of the industrial revolution. â€Å"Modernism is a phil osophical movement that along with cultural trends and changes arose wide-scale and far reaching transformations in western society during the late 19th and early 20th century†(KoofersRead MoreEssay The Stranger754 Words   |  4 Pages nbsp;nbsp;nbsp;nbsp;nbsp;Albert Camus’ The Stranger, is told by narrarator, Meursault . Our speaker seems to be a person detached from feelings, he shows no emotion. Neither the external world in which Meursault lives nor the internal world of his thoughts and attitudes possesses any rational order. He doesn’t have reasons for doing half of the things he does. For these reasons I believe Meursault is determined, but doesn’t know it. nbsp;nbsp;nbsp;nbsp;nbsp;Our protagonist and narraratorRead More The Stranger Essay962 Words   |  4 PagesThe Stranger The Stranger was originally written in French. When Stuart Gilbert translated the novel, he came across a small problem. â€Å"The title of Camus’ classic novel is difficult to render into English because the French word bears the connotations of both ‘stranger’ and ‘foreigner’ at the same time, and each of these concepts is at play in the novel.† (Mairowitz1) Finding the right translation was crucial because the title is symbolic. â€Å"The Stranger symbolizes the theme of theRead More The Stranger Essay1496 Words   |  6 PagesAlbert Camus creates a series of characters in The Stranger whose personality traits and motivations mirror those that are overlooked upon by the average man. Camus develops various characters and scenarios that show true humanity which tends to have been ignored due to the fact of how typical it has become. Camus incorporates abominable personality traits of the characters, variety, consistency, and every one’s fate. Camus demonstrates the disregarded reason behind the origins of relationships betweenRead MoreThe Stranger Essay963 Words   |  4 PagesThe Stranger Chris Drusbosky 3/5/12 Professor Krauss In the story â€Å"The Stranger† by Albert Camus, the belief that the themes of loss and retrieval are at the core of Mersault’s mythology, and that they illumine the notion of exile to which he returns so often is widely discussed. I however do not believe that either one of those themes has anything to do with the Mersault and the exile to which he returns to so often, rather I believe that Mersault’s own attitude is the reason for the exile

Plot Summary Romeo and Juliet free essay sample

The fighting becomes worse when Tybalt, one of the Capulet cousins, comes to Verona. It escalates to a point that Prince Escalus, who rules Verona, has issued a decree that anyone disturbing the peace will be put to death. When the audience is first introduced to Romeo Montague, he is not in love with Juliet. Instead, he is pining for a woman named Rosaline, who is not in love with Romeo. Romeo’s cousin Benvolio tells Romeo that he will find another woman whom he loves more than Rosaline, but Romeo does not believe him. Juliet is also facing her own romantic difficulties. Paris, who is related to the Prince, has asked Capulet for Juliet’s hand in marriage. Capulet is pleased with the match, but feels that, at 13, Juliet is too young to marry. Capulet asks Paris to wait two years before marrying Juliet. However, he invites Paris to a masquerade ball that he holds each year, with the hope that Paris can begin wooing Juliet at the ball. Benvolio and Romeo run into the Capulet’s servant, who is carrying a list of invitations for the masquerade. Knowing that most of the eligible women in Verona will be at the masquerade, Benvolio suggests that they crash the masquerade. Romeo sees Rosaline’s name on the list and agrees to go to the masquerade, hoping to have the chance to woo her at the ball. Juliet talks to her mother and her nurse about Paris, who she knows wants to marry her. At 13, Juliet has not even begun contemplating marriage, but she says that she will take a look at Paris at the ball. When the masquerade begins, Romeo is reluctant to go to the Capulet’s home. He is not concerned about the feud between the families, but is moping about Rosaline. Benvolio and his friend Mercutio try to cheer him up. When he enters the ball, he quickly spots Juliet and forgets about Rosaline, falling in love with Juliet at first sight. He does not know that she is a Capulet when he spots her. Tybalt, one of the younger Capulets, sees Romeo and is angry that a Montague has invaded their masquerade. He intends to confront Romeo, but Capulet stops him, reminding him of the Prince’s decree. Romeo arranges to speak to Juliet, and the two of them fall in love. They kiss, but do not even share names. The two part, and Romeo only finds out that Juliet is a Capulet after talking to her nurse. Juliet finds out that Romeo is a Montague. Both of them are distressed to have fallen for a member of their family’s enemy. Romeo, Mercutio, and Benvolio leave the Capulets’ residence. However, Romeo sneaks into the garden. He sees Juliet in her window. Juliet says Romeo’s name. He makes himself known, and the two profess their love. Romeo goes to speak with Friar Lawrence. Lawrence agrees that he will marry Romeo and Juliet. Friar Lawrence is not wholly inspired by the tale of young love; instead, he views their marriage as a way to unite the feuding families. The next day, aided by Juliet’s Nurse, the young lovers meet and marry, but each return to his or her own home. Romeo is to sneak into Juliet’s room for their wedding night by using a ladder provided by Juliet’s nurse. The feud between the two families reignites in dramatic fashion. Juliet’s cousin Tybalt is still angry that Romeo sneaked into the Capulet’s masquerade. Tybalt challenges Romeo to a duel. However, Romeo does not want to duel Tybalt because they are relatives. Mercutio does not understand why Romeo does not want to duel, and is very hotheaded, so he offers to fight Tybalt in Romeo’s stead. The two men begin to fight, and Romeo tries to stop them. Tybalt takes advantage of the distraction and kills Mercutio. Romeo then kills Tybalt. Realizing what he has done and the potential punishment he faces, Romeo runs from the scene. The Prince banishes him from Verona, and Romeo has to remain in hiding before he leaves. While Juliet is waiting for her husband, her nurse enters and tells her that Romeo has killed Tybalt. Juliet is torn between her new husband and her cousin, but decides that her husband, Romeo, deserves her loyalty. Romeo manages to sneak into Juliet’s room, and they consummate their marriage, but in the morning Romeo must leave and flee Verona. They do not know when they will see one another again, and there are still only four people aware that they are married: the two of them, Friar Lawrence, and the Nurse. Unfortunately, this ignorance creates a significant problem for the young couple. Capulet has now decided to allow Paris to marry Juliet despite her young age, and has set the wedding date for three days later. Juliet turns to her nurse for advice, and the Nurse tells her to go ahead and marry Paris because Romeo is banished, no one knows about their marriage, and Paris is a better match. Juliet turns to Friar Lawrence for advice. Friar Lawrence develops a convoluted plan that he believes will see the young lovers united. He gives her a sleeping potion that will make her appear dead, and she is to drink it the night before her marriage to Paris. Friar Lawrence and Romeo will then retrieve her from her crypt, and she can run away with Romeo, where the two can live together without being impacted by their families’ ongoing feud. However, Capulet moves Juliet’s wedding up a day, so Juliet drinks the potion that night. The Nurse is unaware of the plot and believes that Juliet is dead. She is entombed, and the plan seems to be going just as Friar Lawrence has planned. Unfortunately, what Friar Lawrence does not realize is that Romeo never received his message about the plan. The messenger, Friar John, ended up in quarantine. Instead, Romeo hears that Juliet is dead. Romeo decides that he cannot live without Juliet and plans to kill himself. He buys poison from an apothecary and heads to Juliet’s tomb, where he can die with his love. When he comes upon the tomb, he finds Paris there, grieving for Juliet. Romeo kills Paris, and then enters the tomb. Romeo drinks the poison and kills himself. Too late, Friar Lawrence enters the tomb. He realizes that Romeo has killed Paris and committed suicide. Juliet awakens at that time. Friar Lawrence hears the guards coming and urges her to flee the tomb with him, worried that they will be held responsible for the deaths of Paris and/or Romeo. She refuses to leave. Seeing Romeo lying there dead, Juliet decides that she will kill herself, as well. She tries to kill herself by kissing his lips, hoping to die from the same poison that he drank, but that does nothing. She then grabs his dagger and stabs herself in the heart. The guard comes rushing into the tomb, with the Prince, the Capulets, and Montague following quickly behind him. Montague tells them that Lady Montague has died from grief over Romeo’s exile. The families are devastated by the loss of their children and resolve to end their feuding. They decide to erect a monument to the lovers: gold statutes of Romeo and Juliet next to one another.

Pepcid AC Case Study free essay sample

Developed and commercialized by Merck, Pepcid is a prescription drug for treatment of heartburn. Different from regular antacids that just neutralize acids in the stomach, Pepcid belongs to a class of drugs known as H2 receptor antagonists, which reduce stomach acid secretion by blocking the histamine H2-receptor on the cells producing gastric acid. Third in the H2’s class to enter the prescription drugs market, Pepcid was never able to reverse course and take market leadership from competing products such as, Zantac from Glaxo and Tagamet from SmithKline. In recent years, the possibility of developing a lower dosage form of Pepcid for the OTC market became an attractive business proposition. Merck was not alone in this venture, all major competitors in the H2 receptor antagonists market entered in a race to get FDA approval for a lower dosage version of its original prescription drugs, including Glaxo and SimthKline. In order to gain regulatory approval, drug makers must prove safety and efficacy of the medication. Furthermore, the willingness of consumers to comply with directions specified on the product label is also an important consideration. Nine of the top-ten OTC brands introduced since 1975 were formerly prescription only drugs. A famous example of successful prescription to OTC switch was the pain killer Advil. Not experienced in bringing prescription drugs into the OTC market, Merck joined forces with Johnson Johnson, which had extensive experience in the consumer products market. The result was the creation of a mutually beneficial alliance known as JJM. Being the first entrant into a new OTC market would present JJM with a unique opportunity to potentially becoming the market leader in the H2 receptor antagonist OTC market. The challenge for JJM, was obtaining FDA approval for Pepcid AC, the OTC version of Pepcid, ahead of its competitors. Tagamet was running head-to-head with Pepcid, trailed by Axid and Zantac, which appeared not to have the same level of conviction to becoming first to market. In preparation for the filing with the FDA, JJM conducted clinical studies to support the claims of prevention and treatment of heartburn. Conversely, SmithKline adopted a different strategy, claiming only treatment efficacy. Shortly after recommending against approval of Tagamet’s OTC drug, the FDA advisory committee also recommended against Pepcid’s approval and stated that JJM, â€Å"failed to show Pepcid, in its low dosage form, either prevented or provided relief from heartburn. † 2- Problem Identification According to data provide by IMS America (Table A), in 1993 Pepcid ranked sixteenth among prescription drugs in the U. S. and third among H2 receptor antagonists. The market leader for prescription H2 receptor antagonists was Zantac, followed by Tagamet at a distant second place. Considering JJM’s relatively low proportion of market share,and the fact that it has never been able to challenge Zantac’s leadership, becoming the first in H2 class to enter the OTC market was critical for JJM’s ambitions of becoming the market leader in the highly lucrative heartburn treatment market. Another variable in this equation was the dual claim indication that JJM is planning to file. Being able to increase Pepcid AC’s customer perceived value by claiming prevention and treatment would allow JJM for product positioning within higher price range. Considering that JJM already has a presence in the antacid OTC market with Mylanta, having Pepcid AC in a higher price range would be a way to clearly distance the 2 drugs from each other and reduce the risk of cannibalization. Additionally, SmithKline’s Tagamet is claiming treatment only, which would represent a competitive point of differentiation for Pepcid AC. Furthermore, a higher price for Pepcid AC would also represent more revenue for JJM. The final factor to be considered in this study, is the FDA’s record against prevention claims for OTC drugs. Traditionally, the FDA prefers education over medication for purposes of prevention. The reason cited is the risk of overmedication that OTC drugs could pose if used for prevention of a disease. Three courses of action are possible for JJM at this point: (a) continue working with the FDA to make the case for the prevention and treatment claim with no delays; (b) drop the prevention claim and go with the treatment only claim, increasing the chances of approval; (c) conduct more clinical trials to support the prevention and treatment claims, but then delay the process and risk falling behind in the race to approval. 3- Situation Analysis Strengths: Weaknesses: Pepcid AC safer than Tagamet (side effects when used with other drugs) Strong brand name. Convenient 1 tablet dosage Last longer than traditional antacids Indicated for both treatment and prevention of heartburning versus treatment only claim of Tagamet. Priced higher than traditional antacids Takes longer than traditional antacids to start acting Higher cost than Tagamet ( due to license fees) Opportunities: Threats: Move from 3rd place in Rx H2-blockers to 1st place in OTC Gain market share from traditional antacids competitors Growing market for H2-blockers. Tagamet, Zantac and Axid are also in the Rx-OTC switch â€Å"race† Harder to reverse position after first year of market entrance Cannibalization of prescription version of Pepcid Cannibalization of JJM’s antacid Mylanta. Considering that Pepcid AC will enter the OTC market to compete against both H2 receptor antagonists and regular antacids the analysis of SWOT template above is broken down in 2 parts: Pepcid AC x Other H2’s: The two main competitors running to enter first in the OTC marketplace are Pepcid and Tagamet. Comparing the Strengths and Weaknesses of both, Pepcid is safer to use with less restrictions when combined with other drugs, and is planning to claim both treatment and prevention of heartburn, versus only the treatment claim of Tagamet. On the other hand, Tagamet has a slightly lower total cost due to fees that JJM pays on Pepcid. Tagamet also has the advantage of having started earlier in the OTC transition process. The greatest opportunity for Pepcid against Tagamet, is the potential for gaining market share in the heartburn treatment market. . Another aspect to be highlighted, is the pricing strategy. If priced too low, Pepcid AC could present a significant cannibalization risk to Pepcid. Pepcid AC x Traditional antacids: Similar to its competitors in the H2 receptor antagonists market, JJM has strong participation in the traditional antacid smarket. JJM’s Mylanta is second only to SmithKline’s Tums . The main strength of Pepcid AC versus Mylanta and other traditional antacids is the indication for both prevention and treatment (depending on the option chosen). Another import POD for Pepcid AC is its convenient one tablet a day dosage. The opportunity for Pepcid AC is gaining market share from the other companies in the regular antacid market. Contrary to the opportunity, the risk is that Pepcid AC may cannibalize JJM’s Mylanta more than the other antacid brands. To avoid such possibility, JJM can develop a coordinated price and marketing strategies for Pepcid AC and Mylanta together. 4- Alternative Courses of Action The FDA advisory committee concluded that JJM’s clinical trials did not show adequate efficacy of Pepcid AC in either preventing or treating heartburn. As a consequence, there is considerable risk of rejection if JJM (a) proceeds with filing for regulatory approval for prevention and treatment claims with only the available clinical data. Although not a necessary rule, the FDA typically follows the advice rendered by their advisory committee. An alternative course of action is (b) to conduct additional clinical trials, in order to conclusively prove efficacy of Pepcid AC, for both treatment and prevention of heartburn. The caveat is that conducting additional trials could take an additional 6-9 months and jeopardize JJM’s goal of being first-to-market with an over-the counter H2 antagonist. In the case of H2 antagonists, being first-to-market is perceived as an important competitive advantage, enabling the first entrant to capture and retain the bulk of market share. Furthermore, being first-to-market could facilitate establishment of long-term customer loyalty relationships.. The aforementioned strategy merits consideration because it increases the likelihood of regulatory approval, while also maintaining the critical prevention claim (along with treatment), which JJM views as the key point of differentiation between Pepcid AC and Smithkiline’s Tagamet. However, this approach could be viewed as overly conservative since JJM has already conducted extensive clinical trials to prove efficacy of Pepcid AC for both treatment and prevention claims. The most significant study was dubbed the â€Å"provocative meal study,† in which participants were given a dose of Pepcid AC or placebo, prior to consumption of meals certain to induce heartburn. JJM strongly believed that these trials already provided sufficient evidence in support of the prevention claim and that additional trials were unnecessary. Therefore, conducting additional trials is a course of action to be pursued only as a contingency plan; that is,iif regulatory approval is not achieved with the currently available clinical data. Alternatively, JJM could move forward with (c) filing for regulatory approval for the treatment claim only. This approach is believed to be the easier path to achieving approval, when compared to pushing for approval of both treatment and prevention claims. Typically, the FDA views education as preferable over medication for prevention. Therefore, the agency may have inherent resistance to approving prevention claims. As such, the potential for regulatory dismissal of prevention claims is a valid concern. Seeking approval for the treatment claim only may appear to be the easier path to regulatory approval, but this is not an option without downside risk. In pursuing this alternative course of action, JJM would be sacrificing their key point of difference and diminishing the value proposition of the product. Furthermore, the lack of the prevention label could result in a significant reduction of market share and loss of revenue. Although results from BASESII market research support that treatment only claim is the most important one for product positioning, concept tests and focus groups support the notion that prevention and treatment together are more important. Additionally, heavy heartburn drug users, which account for the greatest potential usage and customer loyalty of Pepcid AC, strongly favor the treatment and prevention claims. Therefore, pursuing treatment only approval may not necessarily be the best path forwards. 5-Recommendations and Implementations Despite the recommendations of the FDA advisory committee, JJM should still take the case directly to the FDA and request approval of Pepcid AC for both the treatment and prevention claims. JJM has already conducted sufficient clinical studies supporting both indications. The regulatory expertise from the Merck side of the JJM partnership should be able to make a compelling case in the regulatory submission seeking approval for both treatment and prevention. Moreover, if the agency were to reject the filing, JJM could then opt for the contingency plan discussed in the Alternative Courses of Action section (Option (b)). Seeking approval for both treatment and prevention is clearly the best course of action. The prevention claim will surely be an important point of differentiation that will enable JJM to retain leadership in the OTC market once the other H2 brands receive their own FDA approvals. JJM has performed extensive market research and has clearly segmented the market, targeted its customers and positioned their product well. Results from behavioral market research, reveal that most frequent antacid users are over the age of 50. Furthermore, descriptive market research concluded that users of both antacids and prescription H2 receptor antagonists and heavy antacid users comprised 62% of Pepcid AC’s predicted dollar volume. Therefore, a marketing campaign primarily targeting these users is a natural course of action. Furthermore, heavy users are likely to be early adopters of the new offering and tend to be opinion leaders, which will set the tone for the customer perceived value of the product Behavioral market research also revealed that patients that used prescription H2 receptors antagonists learned that with regular use of the medication they could prevent the onset of heartburn. This is a very important point for JJM, because they only have 13% of the prescription market (Table B). Therefore, a marketing campaign emphasizing not only treatment, but also prevention, for a convenient OTC drug, could lure a significant portion of the remaining 87% of the prescription antacid market over to Pepcid AC. Research utilizing focus groups also concluded that prevention and treatment would be the most attractive form of product positioning. Table B Market Share of Prescription Antacids Firm Prescription Antacid 1993 U. S. Sales ($ millions) Market Share (%) Glaxo Zantac 1,694 56 SmithKline Tagamet 528 17 Merk Pepcid 387 13 Lilly Axid 271 9 All Others NA 150 5 Analysis of the traditional antacid market is also critical. In this case, JJM’s Mylanta has 16% market share of a $745 million market. Being first to market, with a superior product effective for a longer period of time than the competition and that also prevents heartburn, could be a significant catalyst for gaining market share from the traditional antacids. Results from BASES II tests established that 30% of prescription H2 receptor antagonists users and 28%-34% of antacid users would switch to Pepcid AC. An aggressive advertising campaign could certainly improve these numbers. In conclusion, considering JJM’s relative small market share in both OTC and prescription markets for heartburn the potential gains with the switch of Pepcid, even after discounting possible cannibalization are significant. For example, 30% of the $3,030 million prescription market equates to $909 million. Subtracting $118 million, for the 13% of the Pepcid market share, yields $791 million of potential revenue from cannibalization of the prescription drug market alone. Of course, the price of Pepcid AC will be significantly lower, but even a 75% price reduction equates to nearly $200 million in revenue. Similarly, assuming only 28% of the $745 million OTC antacid market switches to Pepcid Ac would equate to nearly $209 million in revenue. Subtracting approximately $33 million for Mylanta’s market share and we are left with potential revenues of $176 million. These examples also alleviate any concerns regarding sales cannibalization of prescription Pepcid and OTC Mylanta (Table E). Though cannibalization will certainly occur, it will be tremendously offset by cannibalization of competing brands. To further support the notion that product positioning should be centered on treatment and prevention claims, JJM carefully determined their competitive frame of reference. As such, JJM assumed that Tagamet, the other leading product in the race for OTC H2 receptor antagonists, would position itself primarily based on it’s effectiveness in controlling stomach acid (i. e. treatment only claim) and also leverage it’s heritage as the original H2 receptor antagonist. Treatment, the most important attribute of Tagamet, would therefore be the point of parity in product positioning of Pepcid AC, since both JJM’s Pepcid AC and Tagamet could be considered equivalently effective for the treatment of excess stomach acid. As previously discussed, the other key attribute for JJM’s Pepcid AC positioning is the prevention claim. This would be the critical point of difference to cement Pepcid AC as the superior product, able to garner greater customer perceived value. Prescription heritage of Tagamet is not deemed as important since it scored near the bottom of concept tests. With respect to pricing, the $2. 95 price tag for Pepcid AC would render it competitive with antacids. However, a $3. 29 price would be appropriate due to its improved efficacy and prevention claim. Conjoint analysis evaluating the $2. 95, $3. 29 and $3. 95 pricing should be performed prior to launch. 6- Conclusion In addition to all considerations in the recommendations section of this report, it’s important to emphasize that â€Å"the race† to be first in H2-receptor antagonists market doesn’t end with the FDA approval. The next phase, the product launch, is of equal importance. JJM will need to orchestrate a sequence of activities to make sure they are the first to hit the market with Pepcid AC. Ramping up production and shipments to distribution centers and retailers is a massive effort. In JJM’s factories, all necessary resources and materials will need to be available for the first batches of Pepcid AC to be produced. Logistics will need to be in-line to move the drug from the factories through the supply chain and fill the drugstores shelves ahead of any possible competitor. Additionally, a national advertising campaign will need to be standing by to go on-air immediately after FDA approval. Creating public awareness and having customers actually trying out the new product when it arrives will be key to obtaining leadership in this market. For that, JJM will also need to train and incentivize the pharmacists. Prior to the switch, Pepcid is still a prescription only drug, and as such, education and incentives goes towards doctors’ offices and hospitals. With the switch, pharmacists will be the first line of contact with the new customers; they will need to receive all necessary information to be able to explain to customers the advantages of OTC H2-receptor antagonist compared to traditional antacids on the market. Following the initial campaign, JJM will need to adjust the advertising strategy to focus on adoption and retention. According to the studies conducted by JJM, the fight for market share will be concentrated mainly in the first year after FDA approval. Therefore, marketing campaigns during this period will need to be massive.