We've reported several times on the UK government's ongoing product safety review which was initiated because of evolving supply chains and technological advancements, with the aim of addressing existing gaps and ensuring robust protection for consumers. The government's long-awaited response to the review was published on 5 November 2024. This article considers key aspects of the response and what this might mean for the UK's product safety framework including the product regulation elements of the Product Regulation and Metrology Bill.
What's the issue?
Since its inception in 2018, the Office for Product Safety and Standards (OPSS) has been at the forefront of managing the UK's product safety framework. This has included overseeing a full review of the UK's product safety regime including an initial call for evidence in 2019 and a public consultation last year. The review laid the groundwork for bringing forward the new regulatory powers detailed in the Product Regulation and Metrology Bill (Bill). You can read more on this in our article: Product Regulation and Metrology Bill – change may be on the way.
The Bill was published on 4 September 2024 and is currently going through the legislative process, but a formal government response to last year's product safety consultation (Response) has only been published more recently. The Response sets out the main themes that were identified during the consultation and potential next steps and explains the importance of taking the powers set out in the Bill.
It is clear that a key focus for regulatory reform is online marketplaces and ensuring that they take responsibility for the safety of products being sold to consumers online.
What to expect
The Bill is a framework piece of legislation which provides enabling powers so that the Secretary of State can make secondary legislation to update existing law and address some of the challenges we face. The Response highlights some of the most pressing challenges. For example, a significant problem is said to be unsafe products being sold to UK consumers via online marketplaces, which has led to serious harm and fatalities. The Bill gives the government powers to introduce specific responsibilities on online marketplaces for product safety. We cannot say exactly what these responsibilities will involve yet as this needs to be determined by specific product regulations in due course, but it is expected that online marketplaces will be required to eg, take steps to prevent non-compliant and unsafe products from being sold and to ensure adequate information is provided to consumers.
The government is also considering how cross-cutting hazards are reflected, like the choking hazard presented by button batteries and fire hazard presented by lithium-ion batteries, with legislation potentially to be introduced to help address these challenges.
The government will also be considering the most effective way to progress the introduction of voluntary digital labelling.
The European Union has already updated legislation in this area with the General Product Safety Regulation (EU) 2023/988 (GPSR) replacing the General Product Safety Directive 2001/95/EC (GPSD) in Member States from 13 December 2024. The key changes are outlined in our article Product liability and product safety – a round up of 2023. The EU also recently enacted a new Product Liability Directive which will apply from 9 December 2026.
The Bill gives the government the ability to diverge from EU requirements where hazards or opportunities arise or choose to mirror EU requirements where that is the right approach for UK business and consumers. As such, businesses placing products on the Great British and European Union markets ought to monitor developments in this area closely as it is possible that product safety rules will diverge in future.
When to expect changes
As mentioned, the Bill is currently going through the UK legislative process, which means the text has not been finalised and is still subject to change. The Bill had its second reading in the House of Lords on 8 October 2024 and it is now at the Committee stage. This is followed by the Report stage and then the whole process must be repeated in the House of Commons. As such, we expect that the earliest the Bill will be enacted is spring 2025. Thereafter, specific product regulations in the form of secondary legislation will need to be passed.
The Response indicates that in the short term, key priorities are to address the issues with online marketplaces and to consider how new and emerging cross-cutting hazards are adequately addressed through the framework. Further consultation on these complex reforms is expected.
In addition, the government is currently considering immediate changes to EU product and metrology legislation and has launched calls for evidence to inform potential updates to UK legislation related to measuring noise from outdoor equipment and common charger solutions.
Over the next 12-18 months, the government will consider the most effective way to utilise digital technology. It will also begin the process of sector reviews, examining whether changes are needed to detailed requirements to reflect modern challenges. In the longer term, the government recognises the need to consider how technological developments are captured within the existing framework.
Find out more
As businesses navigate future changes, understanding the implications of potential reforms will be crucial in maintaining compliance and safeguarding consumer trust. Our specialist product liability and safety team is continuing to monitor developments in this area closely and would be happy to discuss any queries you may have.
