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  • Just Other Articles - 10-Day Rule For Franchise Sales; Cooling Off Period

    In franchising law we have what we call a 10-day rule, which in laymen’s terms goes something like this; The prospective franchise buyer must receive the (UFOC) Uniform Franchise Offering Circular for ten business days before any mo
    According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
    netary compensation is given to or collected by the Franchisor. Sounds like a good idea right? Well, it is very problematic for willing buyers and sellers to operate under such constraints of trade. One of the proponent reasons for
    ; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

    Examples of combination products may in
    his law is that the UFOCs are generally about 200 pages long and that is a lot to read and the government regulators wish to make sure you take it to an attorney first. Currently the Federal Trade Commission is reviewing all the rul
    lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

    s in franchising and determining whether we need more over disclosure and which kinds of stipulations to add to the franchise rule. Typical isn’t it adding minutia on top of already over loaded and cumbersome disclosure?

    I would li
    here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
    e to comment first on the 10-day rule. I agree that if such a rule is to remain in play that it should be a number, which is easy to figure out, due to holidays, state holidays, semi-holidays, which are different. If you are going
    d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

    Combination pro
    to keep the cooling off period rule, then two weeks in a better idea for clarity so I concur with the commission on this thought. However I warn the commission of leaving the rule in place, I believe the rule should be lowered to o
    ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
    ne week if not entirely and immediately dismissed. Why? Well because the consumer does not really want any more barriers to buying a franchise. They do not like the 10-day waiting period, which ends up half a month with holidays.
    easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
    They do not want to go through a long sales process. They want instant gratification and they want to start their new career/business and embark on their new chosen lifestyle. All these regulations have complicated the issue and
    nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
    ade it tougher to buy franchises, all to the frustration of the consumer, the economy and jobs in our country.

    Tell me did anyone ever take a survey of the sales process and large documents of given out during their purchases to ex
    and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
    sting franchisees and ask them what they think of the whole mess, which has been created to supposedly help them? Has the Federal Trade Commission done this? NO, of course not. Yet, I cannot think of a franchisor, which does not
    ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
    onstantly survey their end users of the franchised outlet for the desires and events leading to a sale of goods or services and on all those surveys they always ask the same things. Did you feel that all your questions were answere
    ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

    Following aspects would a
    d, were you happy with the buying process, were your needs met, etc? Why doesn’t the Federal Trade Commission ask real franchise owners what they think of all the paperwork, large documents and rules? Simply taking the information
    dd to the challenges in developing combination products:

    Which markets to tap where the combination products can do fairly well?
    Which combination prod
    from lobbyist groups of franchisee advocate rabble-rousers will not do it. Taking Internet complaints will not do it. Ask the actual franchisees already in the systems, the good franchisees, which follow the system. By making mor
    cts are meaningful and rational?
    Which therapeutic categories to select?
    Which Combinations can address unmet needs of the patients?
    Do combin
    rules you are actually hurting the franchisees, lengthening the documents and impeding the process of allowing franchising to fix America’s problems thru simple real world free market fundamentals. DAH! This causes new case law,
    tions increase the patient compliance?
    What would be the developing cost?
    How to tackle the risks encountered during combination product developmen
    ore stipulations and boilerplate phrases all adding to the length and complexity of the documents, agreements and buying process and thus only helping the S2D2s.

    The ten-day rule was taken from the life insurance industry. I canno
    t?

    As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
    understand why a person can go out and buy a new Turbo Porsche for $200,000 and it is a done deal. Recenssion of contract period is only 3-days. Apparently the Automobile industry has a stronger lobby? Let’s get real. This is a
    ping new procedures for reviewing their safety, efficacy and quality.

    Professional from academic institutions, pharmaceutical industries, health care indust
    dumb law? Who got the wild hair up their butt in the first place, can anyone remember why we have that rule in franchising or who put it there? It does not belong there in the modern day of business at the Speed of Thought. We a
    y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
    low people to gamble away entire life savings at casinos without a ten-day peak at the future, why the arbitrary rules in franchising? We are the greatest industry in the world, providing jobs, innovation, and efficiencies to a wor
    .

    As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
    d, which needs more Umph! We are looking at problems of global recession, yet here in the states we are our own worst enemies impeding the flows of commerce? Why are you impeding our cash flow with the 10-Day rule? Why are you ca
    elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

    Companies that provide selfless information through particip
    sing franchise buyers anguish when they are trying to juggle finances and timing is an issue in the qualifying for financing of the franchise?

    We need to completely re-think our over regulation in the franchising sector immediately


    tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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