The SEC has lifted an ancient ban that prevented advertising or the public solicitation of investors in private stock offerings. The new rule, which is part of the recent Jumpstart Our Business Startups Act of 2012, is meant to make it easier for hedge funds, private equity firms, and start-up businesses to find capital and create new jobs.
Regulatory compliance is critical to gaining access to markets and customers, and to the smooth functioning of enterprise. Whether it is the FDA, the FTC, the Bureau of Alcohol, Tobacco, and Firearms, the SEC or any of the other regulatory agencies that structure the delivery of both goods an services to the markertplace, knowledge of the regulatory factors is essential to good strategic thinking and strategic planning.
Recent ethical, regulatory, and legal responses to enterprise wrong-doing is driving a sea change throughout organizations in the United States. There are many new regulatory guidelines in place, evidencing the imperative to drive ethical behavior and establish integrity across both public and private organizations.
I used to work at a dietary-supplements company. We read the authoritative herbals and identified herbs that the traditional knowledge of herbal folklore believed were efficacious in treating health conditions that were commonly served by modern over-the-counter (OTC) products. We reasoned that natural herbal solutions to widespread conditions such as the common cold, sleeplessness and lack of vitality could provide millions of consumers with a more natural lifestyle.
Exaggerated marketing, false and overblown label claims, adulterated and misbranded products all violate the law, mislead or deceive consumers, and evidence a failure by manufacturers to fulfill the duty of care due consumers.