Wednesday, November 28, 2012

Works Cited



Badwin, Don. Tylenol tampering case remains unsolved, in 25 years. 29 September 2007. <www.usatoday.com>.

—. Tylenol Tampering Case Unsolved at 25. 9 September 2007. <www.usatoday.com>.

Fletcher, Dan. A Breif History of The Tylenol Poisonings. 9 February 2009. <www.time.com>.

Marxx, Jeff Coen and Gary. FBI Reopens Tylenol Case. 9 February 2009. <www.articles.chicagotribune.com>.

ž"Musick & Musick, LLP." Musick Musick LLP The Federal Anti Tampering Act Criminal Offense To Tamper With Consumer Products Comments. N.p., 2011. Web. 27 Nov. 2012. <http://www.musicklawoffice.com>.
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ž"Regulatory Information." Federal Anti-Tampering Act. Food and Drug Administration, n.d. Web. 27 Nov. 2012. <http://www.fda.gov>.
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žStevenson, Richard W. "JOHNSON & JOHNSON'S RECOVERY." The New York Times. The New York Times, 05 July 1986. Web. 27 Nov. 2012. <http://www.nytimes.com>.

Fletcher, Dan. "A Brief History of the Tylenol Poisonings." TIME U.S. N.p., 9 Feb. 2009. Web. 18 Nov. 2012.
Kaplan, Tamara. "The Tylenol Crisis:." " How Effective Public Relations Saved Johnson & Johnson. Pennsylvania State University, 1 Jan. 1998. Web. 28 Nov. 2012. <http://www.aerobiologicalengineering.com/wxk116/TylenolMurders/crisis.html>.
"The Suspects." American Fraud. N.p., n.d. Web. 18 Nov. 2012. <http://americanfraud.com/suspects.html>. 

Cheung, Iva. "Top 10 Lists - Listverse." Listverse.com. Listverse Ltd, 27 Dec. 2012. Web. 28 Nov. 2012. <http://listverse.com/>

Coen, Jeff, and Gary Marx. "FBI Reopens Tylenol Tampering Case." Chicago Tribune: Chicago Breaking News, Sports, Business, Entertainment, Weather and Traffic - Chicagotribune.com. Tribune Company, 5 Feb. 2009. Web. 21 Nov. 2012. <http://www.chicagotribune.com/

Sotonoff, Jamie, and Deborah Donovan. "FBI Wants to Test Unabomber DNA in Tylenol Killings." DailyHerald. Paddock Publications Inc, 19 May 2011. Web. 21 Nov. 2012


Tuesday, November 27, 2012

Recent Developments

                Though the Tylenol murder case was never solved it did completely change the entire production and distribution system for over the counter medicines. Many methods have been implemented to prevent a repeat of this tragedy. Though there were a few repeats of this case and several copycat killers in the years that followed the case the precautions that have been taken in later years have all but stopped this type of attack.
                The first method that was implemented was the introduction of tamper resistant packaging and induction seals on all bottles. Now, because of these methods you cannot tamper with over the counter medicines without it being obvious that the package has been tampered with. If it is in a box the packaging will be ripped open and if it is in a bottle the induction seal will be broken at which point people know not to take the medicine and return it immediately.
                As well as putting induction seals and tamper resistant packaging on all medicine containers medicine companies have also changed the pills themselves. Before the Tylenol murder case all pills were dissolving capsules which held the medicine inside them and could easily be opened and filled with another substance. Today over the counter medicines come in the “caplet” form which means that the medicine is a solid shaped like a capsule. As well as being a solid each medicine has its own unique shape and an inscribed code and is usually shown in a picture on the box so that you know you are taking the right thing.
                In addition to these methods companies have also changed their distribution methods and introduced a thorough system of quality control. It is also now a federal crime to tamper with the packaging of any over the counter product. These methods have made it almost impossible for a repeat of the Tylenol murders to take place. The Tylenol case was an isolated incident but has drastically changed the entire industry of medicine production and distribution. The next time you are at the drug store you will see the effects of this incident in every box or bottle you pass by.


                Though the case has never been solved it was re-opened In January of 2009 one year before the 25th anniversary of the killings. Federal Investigators fear that the killer may try to attempt more killings on the anniversary of the original killings and with 25 years to prepare he/she may have found ways around these precautions that the drug companies have taken.

Similar Cases

Though no one was ever proven guilty in this case there were a number of people who were accused as they had committed similar crimes. The most prominent of which was Ted Kaczynski who is better known as the UNABOMBER. Kaczynski had already been caught after mailing packages with bombs in them to various universities. He also once attempted to blow up a plane with a bomb. These attacks were designed as an attack on technology and gave him the name UNABOMBER which was a name given to him by the feds meaning University and Airline Bomber. Because of the similar nature of these two cases Kaczynski became a prime suspect in the Tylenol Case but was later proven innocent of the Tylenol Murders.
                After The Case there was a string of copycat killers who attempted to perform similar attacks to that of the Tylenol Killer. Some of these killers were originally suspected as being the Tylenol Killer. One of these copycat killers was Stella Nickell who killed her husband and one other person with Cyanide laced Excedrin Extra Strength in 1986. Nickell laced a bottle at her house and one in a local drug store. Her husband died from cyanide poisoning and shortly after another person died from the bottle in the drug store. After this occurred she tried to sue Bristol-Myers; the producer of Excedrin for the death of her husband. Nickell also tried to poison snacks which she mailed or personally delivered to people she had worked for and other people she had known though none of these killed anyone. Finally she went to a high school and shot and killed and injured several students and finally shot herself in a local residency where she had tried to hide.
                There were several other Copy Cat Killers many of whom were never caught. A man named Louis Denber died after eating a cup of cyanide laced Campbell’s Cup o’ Soup. Whoever the Tylenol Murderer was he became the inspiration for several other killers who attempted to mimic his methods. Today’s methods of over the counter medicine production, packaging and distributing have put an end to this chain of copycat killings.

Regulation / Change in Law

As a result of the Tylenol Tampering case, the Nation had to produce changes in current laws/regulation in order to ensure the public that this crime could never happen again. In 1983, The Nation had come up with the first Anti-Product-Tampering Act, making it a federal criminal offense to tamper/ attempt to tamper with consumer products.
Under this act, A person who is found guilty of tampering with any consumer product or label that affects interstate or foreign commerce will be charged with a federal criminal offense. Tampering with the labeling includes:  both the label on the product and any other written material that may come with the product, such as instructions. In order to be convicted of the offense, the person (s) tampering must be done with reckless disregard for another person' life. The act does not apply to the tampering of products that had been already purchased at retail and brought home for use.
One may be charged with this federal offense as well,  if it is proven they had tainted any labels or containers of a consumer product. This tainting of the product must make it materially false with the intent to cause serious damage to the business of another person. Although this act does not define the word "taint", it has been shown to have a broader meaning than the word "tamper". "Taint" has been interpreted to cover any modification of the product with any traces that may be contaminated, infected, or a corruption of the product.
A person commits an offense under this act, if he/she knowingly communicates false information that a consumer product has been tainted when the product/result of the communication affect interstate or foreign commerce. In order to be convicted, it must be proven that the alleged tainting, if it had occurred, would have created a risk of death/bodily injury to another person.If the false communication causes action to be taken, the act applies.
Lastly, a person commits an offense under the Act if he/she threatens to tamper with a consumer product that affects interstate or foreign commerce. The threat is only required to be credible in order for a person to be convicted. In addition, a person is considered to commit an offense under the act if her or she engages in a conspiracy to tamper with a consumer product that affects interstate or foreign commerce.
All of these changes were put into effect as a result of the Chicago Tamperings. The Anti-Product-Tampering Act was introduced in 1983 and is still in legislation today.

Thursday, November 22, 2012

Company's Image

 Before this tampering scandal shook the city of Chicago and worried the people of America, Tylenol was considered one of the countries leading brands for instant pain relief. In 1982, Tylenol controlled 37 % of its market, racking in an outstanding 1.2 million dollars in revenue. Tylenol alone produced 19% of Johnson & Johnson corporate profits in 1982. Producing such a profitable product, one could not begin to fathom the type of scandal that could possibly damage this companies image permanently.

  The company Johnson & Johnson was faced with an extreme amount of legal charges and ridicule after discovering their product has been tampered with, put on the shelves and sold to the public of The United States. An un-known suspect (s)  reportedly put 65 milligrams of cyanide into the Tylenol capsule and placed the pills back on the shelves. Seven innocent people passed away from this senseless act and therefore Johnson & Johnson had to do some major recalling.

   The company had decided to recall the product all over the country and sent out public announcements warning the public of the tampering. Johnson & Johnson was not only being faced with legal charges but the company's torn image as well. Their total loss from removing all of the pills from the shelves were immense; 31 million bottles were tossed leaving them with a loss of more than 100 million dollars and most importantly, the trust of their customers.  People no longer felt safe knowing how easy it was to tamper with a pill, and therefore Johnson & Johnson had to revive their image and reputation. This company knew that they were not to blame but took responsibility and acted quickly in order to ensure to their customers this would never happen again. Johnson & Johnson  acted out in two phases : handling the crisis & re-gaining the trust of their loyal customers.

  Once all of the Tylenol was taken off of the shelves, they realized that in order to gain back their respective customers they would have to provide an immense amount of changes to ensure public safety. Johnson & Johnson implemented change for the sake of their customers, not so much for regulation. This company had loss a total of 1.24 billion dollars in wealth decline. Because of all the changes that were put so quickly into effect, the company gained back their trust in no time and actually was considered one of the best handling of a crisis  by public relation experts. Johnson & Johnson was praised by the people because of their willingness to find this suspect and their non-stop communication with the FBI, police, Health relations etc. Johnson & Johnson did everything in their power to find out all they could from the tampering and proved to be the company that everyone relied on so much. Over 2250 sale representatives from Johnson & Johnson made presentations to people in the medical field in order to promote the reintroduction of Tylenol.

   The company saw that this was not about business but rather about finding the suspect and providing closure for the families who suffered such terrible losses. Tylenol has re-surfaced greatly from their loss; proving to remain the top seller of over the counter drugs in the country and receiving praise of how professional they handled their socially responsible actions.

Results/Change in the Company


After the tampering of the Tylenol in 1982, Johnson & Johnson became a model of how other companies should behave in similar circumstances. They were faced with a great dilemma because Tylenol was their most popular item and their reputation was on the line. The first thing they wanted to do what put customer safety first instead of worrying about their profit and other financial concerns. The crisis was aired all over the media warning the country about the product and telling everyone not to use any Tylenol related product. Tylenol products were recalled and taken off the shelves. Over 31 million Tylenol bottles were recalled equaling over 100 million dollars in retail value.
Unlike other companies who faced crisis, Johnson & Johnson did not put themselves and their reputation first. Instead they immediately took responsibility and got right to finding a solution the safest way possible. Johnson & Johnson partnered up with Chicago Police, the FBI, and the FDA so they could take part in finding the person who tampered with the Tylenol and to stop further tampering in their company. The media was giving the company positive comments and praised their ‘socially responsible actions.’ An article published by Jerry Knight in The Washington Post on October 11, 1982 stated that “what Johnson & Johnson executives have done is communicate the message that the company is candid, contrite, and compassionate, committed to solving the murders and protecting the public,” The article mentioned a $100,000 reward for the murderer and stated that the company wanted to get to the bottom of the case and find out why it happened.
A little over a week after the deaths, the company decided to offer an exchange from Tylenol capsules purchased to Tylenol tablets. They knew this would cost them even more money but they had to keep their reputation clean and gain the trust back from their customers. Chairman of the board at Johnson & Johnson, James E. Burke, in regard to the comeback said, “It will take time, it will take money, and it will be very difficult; but we consider it a moral imperative, as well as good business, to restore Tylenol to its preeminent position.”
Tylenol capsules came back to stores in December, but this time they had new packaging; triple-seal tamper-resistant packaging. The FDA soon made this type of packaging mandatory. McNeil Consumer Products offered $2.50 off coupons for the capsules when they came back onto shelves. Presentations were made to medical personnel to promote support for the new beginning of Tylenol. In almost no time, Tylenol gained back their regular customers as well as money. The media continued to keep Tylenol’s response in positive light.


Accusations


No one was ever charged for the actual murders caused by Tylenol tampering. However, there have been a number of accusations. One month after the case broke out a letter was sent to Johnson & Johnson, Tylenol’s manufacturer. The 37 year old man who wrote the letter was James Lewis and the letter demanded one million dollars to “stop the killings.” James Lewis denied tampering the pills, and there was not enough evidence to prove that he was the murderer. Lewis still spent 12 years in federal prison. He was convicted of extortion for the writing of the letter. This was not his first offense; Lewis had been charged with murder in 1978 in Kansas after police found bags full of body parts from former clients in his attic. The charges were dropped because the police search of his house was illegal.
James Lewis' Extortion Letter
            Roger Arnold, a 48-year old “amateur chemist,” was brought in to police custody for questioning on October 11, 1982, after investigators heard that Arnold was “known to have cyanide in his house” on Chicago’s south side. After searching Arnold’s house, with his permission, detectives found five unregistered guns, ammunition, chemicals, two one way plane tickets to Thailand, a stash of books and recipes for making explosives and ways of poisoning people. Arnold admitted to having the cyanide for unspecified projects but told detectives he got rid of it a few months earlier. He told reporters that he had the chemicals but wouldn't say what they were used for and that it was nothing illegal. He was charged with possession of unregistered firearms but was released after posting his own bond. It was later found out that a local tavern owner, Marty Sinclair, was the man who informed Chicago police that Arnold had the cyanide in his house. Roger Arnold was charged with murder outside of Sinclair’s bar, Lincoln Avenue, after shooting the man he thought was Marty Sinclair. He shot the wrong man at dead point range after yelling “you turned me in.” John Stanisha was the victim of Arnold’s gunshot. Stanisha was said to resemble Sinclair, but when questioned about mistakenly shooting Stanisha instead of Sinclair, Arnold denied the mistake.
            Secondary suspects include Kevin Masterson and Jerome Howard. The extent of their accusation was just questioning and they were never taken into custody for any purpose other than questioning.