The government is consulting on the UK's general product safety framework and the market surveillance and enforcement regime. The consultations close on 23 June 2026.
Key proposals
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A wider range of products covered – the new regime will apply to all products with specific exemptions including for medical devices. This should remove any ambiguity as to software/connected products being captured by the definition of product. We would expect this to be made expressly clear, as in the EU.
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Broad mirroring of the EU's General Product Safety Regulation considerations for assessing product safety with a non-sector specific base framework plus additional requirements for high-risk hazardous products.
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Risk-based regulation and voluntary standards/technical specifications.
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Accountability requirements on producers, onward suppliers and online marketplaces.
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All supply chain actors will have a duty to proactively prevent the supply of dangerous products, to monitor safety of products they have supplied or facilitated the supply of, and to cooperate in corrective action where necessary.
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Online marketplaces will have enhanced but proportionate new duties including, potentially, to prevent unsafe products being made available, ensure safe sellers, provide customers with appropriate information, cooperation duties including in relation to product recalls and implementing a bespoke product safety plan. They will have a duty to act with care to prevent, identify and remove dangerous products being sold on their platforms. Therefore, whilst there is a recognition that these new obligations should remain proportionate, if these changes were enacted they would be very significant for online marketplaces and some may have to greatly increase their pro-active product monitoring. For example, they will be required to practice due diligence to take action against 'bad actors', verify seller contact details and identify and remove dangerous products. As in the EU, it will also include establishing a point of contact for customers to report safety concerns, to enable quicker identification of dangerous products. This data should be shared with relevant authorities to help with investigations.
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More flexible rules around product information with an overall ambition of moving to 'digital by default' and detailed information requirements for producers and onward suppliers selling online. This could, one day, result in QR code labelling / digital passports as is being phased in in the EU. It is proposed that this will be combined with stronger rules ensuring that online product listings contain all necessary information for consumers.
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An overarching aim of simplifying the existing regime.
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Consolidating the market surveillance and enforcement regimes, giving regulators broader powers, and introducing fines and undertakings as alternatives to criminal sanctions.
Next steps
The government aims to publish a response to the consultation within 12 weeks of the closing date. It will then bring forward regulations and any required transitional provisions and will work on guidance.
What does this mean?
If the proposals are adopted, they mean significant change, particularly for online marketplaces which will have considerably enhanced obligations, potentially extending to monitoring requirements and involving thorough due diligence on their sellers and the products being sold. There is however some reassurance that the government is focusing on aligning with the EU's product safety law in a number of areas, and that it proposes a risk-based approach which is largely sector-neutral and which sits alongside guidance and technical standards. The overall aim of simplifying the UK's product safety framework will certainly be popular across the supply chain.
