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My client wants to include the trial use of some new products in a research project. Are special arrangements required?
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All parties concerned should take into account the question of the liability for disadvantageous consequences of using the product. This means they must ensure that there is adequate international insurance against liabilities to the public who co-operate and to other third parties. Who is liable, depends to some extent on the jurisdiction but at the respondent level, if the product is branded, then the client is usually liable. If it is an unbranded (blind) test the agency is liable, and for this reason, agencies need to get clear written indemnity from the client for blind tests.
The rules for legally controlled products like tobacco, alcohol and pharmaceuticals are much more restrictive and need to be checked at the local level.
If the project involves moving goods across frontiers the client should normally be responsible for arranging clearance and for export/import compliance.


