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Question: Summary of Coca Cola’s efforts to protect their trade secret.
Answer:
Abstract
The law sometimes is entangled in various paradoxes. It happens when two different types of interests clash with each other. In the current study, we are throwing light on two such paradoxes that pertain to the legal system of USA.
FDA of USA is a body that sets the benchmark for many other associations of similar nature across the world. The basic guidelines of FDA say that a consumer should have all the rights to know about the ingredients and preparation of edibles and drinks that they are purchasing. In a condition like this, a company like Coca-Cola claims that they are guarding a secret formula against last 125 years. Current law paper is an attempt to answer this paradox.
American with disabilities act or ADA has also come under the scanner of lawmakers when they figured out that certain areas are unclear in defining the degree of the disability. It is important to fix a degree of disability because it is the first step towards fixing the social liabilities and other issues related to it (Swaan, 2003).
Summary of Coca Cola’s efforts to protect their trade secret
FDA of USA is a body that sets the benchmark for many other associations of similar nature across the world. The basic guidelines of FDA say that a consumer should have all the rights to know about the ingredients and preparation of edibles and drinks that they are purchasing. In a condition like this, a company like Coca-Cola claims that they are guarding a secret formula against last 125 years. Current law paper is an attempt to answer this paradox.
American with disabilities act or ADA has also come under the scanner of lawmakers when they figured out that certain areas are unclear in defining the degree of the disability. It is important to fix a degree of disability because it is the first step towards fixing the social liabilities and other issues related to it (Swaan, 2003).
Summary of Coca Cola’s efforts to protect their trade secret
Many legal experts and media experts are of this opinion that trade secret of Coca-Cola is none but a piece of "Urban Mythology." Rest of the world is very well aware of the ingredients of Coca Cola which they are selling in the market of food and beverages. It clearly says that FDA has lab tested them from time to time and their sample can be tested from time to time. During these tests, they cannot hide any ingredient. They are required to share the percentage of the ingredient without fail.
However, on a symbolic side, we can say that from last 125 years or so that no another company has made a cola or soft drink similar to coca cola in the market. Even if any company is making similar product, they are not able to promote that in the market due to organizational inefficiency. However, there are certain vague clauses under the patent section that does not allow any other company to make a cola similar to Coca-Cola. Many fancy stories related to the trade secrets are prevailing but more or the less they are only contributing to the Urban Mythology or the brand value of various products and nothing else (Isdell, 2011).
1. The challenges faced by Coca-Cola for its secret formula
Prior to the modern world, the world was a big market for international goods during the days of Silk Route. It was the time when probably this concept of trade secret came in, right now food testing laboratories and chemical testing laboratories are equipped enough to break down the component of every goods. However, the concept of “secret formula” or “the trade secret” has been borrowed by legal terminology. When we check out the journey of Coca-Cola during last 125 years then we find that they prescribed the norms of authorities quite strictly. For instance, during the phase of 1903, they removed cocaine from the list of their ingredients because authorities were on a roll to ban it. In a similar fashion in the year 1916 they reduced the percentage of Caffeine from the list after a court case (Isdell, 2011).
2. Reasons choosing “trade secret” as the path of saving interests
Just like KFC, Coke probably tried to capitalize on the mystique factor involved with this term “trade secret,” It is should be seen more as a marketing gimmick rather than a legal procedure. For instance, even now they tried to add it to the celebration of one hundred and twenty-fifth anniversary of the brand. It is more of symbolism and brand value that they have tossed up this concept of “trade secret” or “secret recipe” for the same (Isdell, 2011).
However, on a symbolic side, we can say that from last 125 years or so that no another company has made a cola or soft drink similar to coca cola in the market. Even if any company is making similar product, they are not able to promote that in the market due to organizational inefficiency. However, there are certain vague clauses under the patent section that does not allow any other company to make a cola similar to Coca-Cola. Many fancy stories related to the trade secrets are prevailing but more or the less they are only contributing to the Urban Mythology or the brand value of various products and nothing else (Isdell, 2011).
1. The challenges faced by Coca-Cola for its secret formula
Prior to the modern world, the world was a big market for international goods during the days of Silk Route. It was the time when probably this concept of trade secret came in, right now food testing laboratories and chemical testing laboratories are equipped enough to break down the component of every goods. However, the concept of “secret formula” or “the trade secret” has been borrowed by legal terminology. When we check out the journey of Coca-Cola during last 125 years then we find that they prescribed the norms of authorities quite strictly. For instance, during the phase of 1903, they removed cocaine from the list of their ingredients because authorities were on a roll to ban it. In a similar fashion in the year 1916 they reduced the percentage of Caffeine from the list after a court case (Isdell, 2011).
2. Reasons choosing “trade secret” as the path of saving interests
Just like KFC, Coke probably tried to capitalize on the mystique factor involved with this term “trade secret,” It is should be seen more as a marketing gimmick rather than a legal procedure. For instance, even now they tried to add it to the celebration of one hundred and twenty-fifth anniversary of the brand. It is more of symbolism and brand value that they have tossed up this concept of “trade secret” or “secret recipe” for the same (Isdell, 2011).
Part B
Three mental or physical condition covered by ADA
In the legal terms, the ability of an individual to live a normal life decides the merit of certain conditions that can be covered or not covered under ADA. The technical term involved here is impairment. If any impairment physical or mental drags a person away from normal, life then it can be covered under ADA. Here we are covering three problems.
Alcoholics: - If a person is able to perform his or her duty partially and is not able to do them on a regular basis because of the addiction of alcohol then it can be considered as a disability under ADA. In this case, an employer shares the duty of giving him a fair chance to rehabilitate. It can be considered as a mental or psychological disorder in most of the cases and the provision of Civil rights act 1991 are also applicable.
Vision Impairment: - With the process of aging or due to some accidental conditions vision impairment may occur in an individual. This vision impairment can be considered as impairment under the practice of ADA laws.
Tennis Elbow: - Certain workers working in extremely hard physical conditions may fall for the problem. If tennis elbow hits them at any juncture of life then it can be considered as impairment and it will attract ADA laws.
(Goren, 2006)
In the legal terms, the ability of an individual to live a normal life decides the merit of certain conditions that can be covered or not covered under ADA. The technical term involved here is impairment. If any impairment physical or mental drags a person away from normal, life then it can be covered under ADA. Here we are covering three problems.
Alcoholics: - If a person is able to perform his or her duty partially and is not able to do them on a regular basis because of the addiction of alcohol then it can be considered as a disability under ADA. In this case, an employer shares the duty of giving him a fair chance to rehabilitate. It can be considered as a mental or psychological disorder in most of the cases and the provision of Civil rights act 1991 are also applicable.
Vision Impairment: - With the process of aging or due to some accidental conditions vision impairment may occur in an individual. This vision impairment can be considered as impairment under the practice of ADA laws.
Tennis Elbow: - Certain workers working in extremely hard physical conditions may fall for the problem. If tennis elbow hits them at any juncture of life then it can be considered as impairment and it will attract ADA laws.
(Goren, 2006)
The aftermath of Disability
In many cases, the disability can be temporary in nature. In this condition, it can be misclassified after a point. For instance, alcoholism is one such example; a patient coming back from the clutches of cancer can be another example. Here we would like to mention to two tangents of this conditions, first is " Record of Substantially Limiting Condition”. According to the findings of " Henry H. Perritt, Jr., Americans with Disabilities Act Handbook, § 3.2 (2d ed. 1991), in the case of recovery from mental, emotional problems a person can be disqualified from the bracket of being disabled, the similar conditions are also applied when a person finds that he or she is wrongly diagnosed with certain diseases like cancer and others. As an addition, we can also take in an account of this supreme court judgment vide 42 U.S.C.A. § 12102(2)(C). Supreme court has clearly stated that societies myths and fears about disability can be as handicapping as real physical limitations. It means the status of physical incapability can be challenged under a different light. Here a detailed study of the same can be studied in the case history of " School Board v. Arline, 480 U.S. 273 (1987).
(Goren, 2006)
(Goren, 2006)
Bibliography
Goren, W. D. (2006). Understanding the Americans with Disabilities Act.
Isdell, N. (2011). Inside Coca-Cola: A CEO's Life Story of Building the World's Most Popular Brand.
Swaan, J. P. (2003). The Food and Drug Administration (FDA).
Isdell, N. (2011). Inside Coca-Cola: A CEO's Life Story of Building the World's Most Popular Brand.
Swaan, J. P. (2003). The Food and Drug Administration (FDA).
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