Section 58
Market research experiments
of Trade Descriptions Act 2011
In this section, “market research experiment” means any activities conducted for the purpose of ascertaining the opinion of persons
(referred to in this section as “participants”) on—
(a)
any goods;
(b)
anything in, on or with which the goods are supplied;
(c)
the appearance or any other characteristic of the goods or of any such thing; or
(d)
the name or description under which the goods are supplied.
(2)
This section applies to any market research experiment with respect to which the following conditions are satisfied:
(a)
that any participant to whom any goods are supplied in the course of the experiment is informed, at or before the time at which they are supplied to him, that they are supplied for such a purpose as is mentioned in subsection (1); and
(b)
that no consideration in money or money’s worth is given by a participant for the goods or any goods supplied to him for comparison.
(3)
Sections 5 and 28 shall not apply in relation to goods supplied or offered to be supplied, whether to a participant or any other person, in the course of a market research experiment to which this section applies.