Obligation to warn clients 5

[MintJulep]

We have recently become aware - through publicly available articles in various trade magazines, and web articles - that counterfeiting of a commodity consumable product is becoming more common.

There are credible reports of incidents where the use of this counterfeit product outside of the US has resulted in the loss of life and damage to property.

To date there is no credible evidence that the distribution of the counterfeit product has reached the US market.

Our clients may use the commodity.

Within our firm there is a camp that feels strongly that we have a professional obligation to "warn" our clients (all in the US) about the threat posed by the counterfeit product.

Another camp says that these days anything is likely to be counterfeit, so buyer beware, and the clients all have full-time purchasing departments, so we have no obligation.

Debate!

 

[jmw]

If this is a general warning, to be properly expressed, that points no fingers, then where is the problem?
Is there some feeling thatyour clients might be offended to be advised y yoru company of the dangers?
If so then it is all simply about how you do it.

For example, there are often articles published about all sorts of issues and with evidence to back them up. You say that this is the case here.

ALl you have to do is publish your own article introducing a relevance to your own business and publish it in an in house newsletter that is sent to clients, the warning is indirect but it is made and you know it will reach your clients.

To deliver a direct warning to clients may or may not be warranted. It may also be misinterpreted if it is isolated and unusually directed to them.

Also, to take a holier than thou approach might well be differently interpreted but to put out an article in a newsletter, even if a newsletter created specifically for that purpose, should raise nor problems.

And how many companies have issued newsletters as part of some new management initiative only to ever deliver one issue?.
So many companies these days issue in house newsletters and fill them with all sorts of articles of varying relevance that no one could object or be offended.

I don't thus see any dilemma.
It is just a matter of approach.


JMW

http://www.ViscoAnalyser.com

 

[SNORGY]

Send links to the publically-available articles and websites in a blanket email to key contacts in your client base as an FYI, without rendering any comments or opinions other than "FYI".

If anyone asks for your clarification or opinion, offer them nothing other than "...we wanted to make you aaware of the current issues being discussed..." and leave it at that.

Regards,

SNORGY.

 

[MacGyverS2000]

LPS for j... I like his approach.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[patprimmer]

A star for SNORGY

He said basically the same thing as jmw but in two short sentences.

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &

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for site rules

 

[SNORGY]

Thanks...but not exactly.

jmw made reference to a company newsletter. It never occurred to me...I have never worked for a company that published a newsletter, but quite a few do that very thing. If that is the case, then jmw's suggestion is indeed very good.

Otherwise, it would look...suspicious...if a company's inaugural newsletter was spawned by the controversy about which the first article was written.

Regards,

SNORGY.

 

[berkshire]

Would this be along the lines of certain aircraft hardware coming out of a far eastern country.
That caused a complete review of how hardware was spec'ed and generated new regulations concerning traceability ?
B.E.

The good engineer does not need to memorize every formula; he just needs to know where he can find them when he needs them. Old professor

 

[IRstuff]

Do you typically send out mass emails to your clients periodically? If so, then it would seem to be fitting.

If not, then why now, and not any other previous time?

TTFN
faq731-376

 

[patprimmer]

A simple FYI email, taking great care not to appear to be pushing your product is how I would advise you do it

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &

http://eng-tips.com/market.cfm

for site rules

 

[jmw]

I considered the FYI email but rejected it.
It is usual to use group send which simply shows the recipients email at the top and not the rest of the recipients.
Also the email necessarily is single topic and leaves you in a difficult position of how your clients will respond.
Emails have a language all of their own and are one of the most easily misunderstood forms of communication.
Receiving such an email on just that one topic a client could easily ask "why are they sending this to me?"
It's why I favour a company newsletter. The article can be made informative, it can be a key feature and it could be made to relate to a number of other issues which have relevance such as the well known China Quality Fade problem along with all the usual bumf companies put in the newsletter such as the company dart's teams wondeful performance.
No possibility of misinterpretation.


JMW

http://www.ViscoAnalyser.com

 

[patprimmer]

My experience is that clients say, thanks for the heads up even if they suspect ulterior motives. I really can't see the problem

Regards
Pat
See FAQ731-376 for tips on use of eng-tips by professional engineers &

http://eng-tips.com/market.cfm

for site rules

 

[MintJulep]

Refocusing.

There are any number of ways that it could be done.

Is there an obligation to do it?

 

[jmw]

Is there a come back on your company?
Are you in some way obligated to play sheriff?
IS there an advantage to your company?
Is this the responsibility of the clients to look after themselves?
Is there an industry group that has more ownership of this responsibility?
Do you know something not in the public domain?

JMW

http://www.ViscoAnalyser.com

 

[SNORGY]

In short, there is an ethical obligation, in my opinion.

Engineers are supposed to protect the public (at least here they are).

Not warning the client about something that the engineer consciously knows is a risk that may negatively impact the client would be a conscious failure to protect the public.

Regards,

SNORGY.

 

[jmw]

Off topic, I notice some one gave me a star.
It appears against my original post but not against any subsequent posts. Is this unusual? I'm pretty sure the star appears against all posts normally.

JMW

http://www.ViscoAnalyser.com

 

[CorBlimeyLimey]

The display of LPSs was recently changed to make it easier (possible) to find the actual answer/post which merited the star.

 

[MintJulep]

Engineers are supposed to protect the public (at least here they are).

Not warning the client about something that the engineer consciously knows is a risk that may negatively impact the client would be a conscious failure to protect the public.

It's dangerous to cross the street while texting on your smart phone. Are engineers obligated to warn clients about that?

There is risk involved with flying. Are engineers obligated to warn clients about that?

Some people have serious allergic reactions to peanuts. Are engineers obligated to warn clients about that?

Where to draw the line?

These days pretty much everything could potentially be counterfeit.

Nuts and bolts and screws. Do we have an obligation to warn the client that every nut or bolt or screw they buy might be counterfeit?

 

[MiketheEngineer]

Basically agree with SNORGY.

Even the Space Shuttles had to have hundreds(thousands) of fasteners replaced or re-approved due to this practice - at a cost of millions of dollars.

When we spec bolts - it always at least a Grade 5 or better and I strongly suggest they not be bought at your local big box store. Only God knows their heritage!!

 

[IRstuff]

Nonetheless, counterfeit bolts have been around for decades; I recall much ado about counterfeit Grade 8 bolts back around the time of the first Gulf War and concern about them being used in military and aerospace equipment.

And while dissemination of information ought to be a good idea, it can potentially backfire, to wit, if you make a habit of warning your customers, and then fail to warn them about some particular thing, it's possible that someone will sue for that omission on the grounds that they were lulled into an expectation of being warned about these things. Thus, embedding of the warning inside a newsletter makes more sense to me.

TTFN
faq731-376

 

[jmw]

I don't know, and will be guided, but I would have thought that if this information is all available from public sources and sources that the clients should also have access to and there is no new information which is not in the public domain, then is it an obligation?

If there is an obligation, is it just to the companies own clients or to all similar organisations, clients or not, competitor's clients and even competitors? If you are going to argue that you have a professional responsibility to alert others to potential risks then it has to be a responsibility that is wider than ones own client base.

In a general interest case and the concern is more than with ones own clients, then the best course is surely to bring it to the attention of the trade association professional body etc. who will have a more significant distribution list.

The professional organisation can responsibly and without giving offence even issue a special directive to all its contacts.
This is something that an individual company cannot do and may carry more weight with potential victims.
Anything from a company is bound to be viewed as having some sort of commercial interest and be devalued to some extent.

JMW

http://www.ViscoAnalyser.com