In Short
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UK product safety laws are strict. You must only place safe consumer products on the market and act quickly if risks arise.
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Your obligations depend on your role in the supply chain, with different duties for manufacturers, importers, distributors and retailers.
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Breaches can lead to fines, criminal liability, product recalls and civil claims.
Tips for Businesses
Put safety systems in place early. Have a clear incident plan, monitor complaints and regulator alerts, and keep accurate records. Make sure product information is clear and correct. Use robust supplier contracts and insurance to manage risk. Train staff to spot issues early and seek legal advice if you are unsure which product safety rules apply to your business.
Growing a retail or consumer-facing business requires substantial goodwill and consumer trust. A fundamental marker of such trust is product safety. If you place goods on the market, you must comply with a strict range of product safety rules. These legal obligations are important for protecting consumers and safeguarding your business from:
- financial loss;
- regulatory action; and
- reputational harm.
Understanding how the product safety regime works in Great Britain and how its rules apply to your business is a fundamental step to help you plan ahead and prevent risk, even in the earliest product development stages, before starting trading.
This article provides an overview of key rules your business must follow regarding consumer product safety, as well as practical steps you can take to strengthen your compliance and reduce exposure to risk.
While the focus of this article is on consumer products, businesses selling goods to other businesses should note that various other legal and sector-specific obligations may arise and seek legal advice if they are unsure about their duties.
What Are the Key UK Consumer Product Safety Rules?
Your business must comply with various product safety laws, and failing to do so can result in significant consequences. It is important that only safe products are placed in the market, and if any safety issues arise, your business acts promptly to resolve them.
The laws of product safety are complex, and your business should seek legal advice to understand the full scope of your obligations.
Put simply, if your business supplies consumer products in Great Britain, your legal obligations will depend on where you are based in the supply chain.
Core Product Safety Laws
The core general product safety laws your business must comply with are set out in the General Product Safety Regulations 2005 (GPSR) and the Consumer Protection Act 1987 (CPA), and breaching these laws can result in significant penalties.
GPSR
Under the GPSR, your business must not sell or supply a product in Great Britain unless it is safe. These rules apply to a wide range of businesses where their actions can affect product safety, including:
- manufacturers;
- importers;
- distributors; and
- retailers.
Supplying an unsafe product is a strict liability criminal offence. This means your business can be penalised even if it did not know the product was defective at the time. Penalties can include fines and, in the most serious cases, imprisonment. You may also commit a separate criminal offence if you fail to take reasonable steps to reduce risks once a safety issue becomes known.
If a safety concern arises, your business must act quickly and appropriately. This could involve:
- stopping sales;
- warning customers; or
- recalling the product if needed.
In many cases, producers and distributors must also notify the relevant enforcement authority as soon as they become aware that a product is unsafe. Failing to notify the authority promptly may be a separate criminal offence.
CPA
The CPA contains further consumer safety rules and establishes the UK’s civil liability regime for defective products. Some goods (such as food and medical products) fall under separate regulatory regimes. Under the CPA, the Secretary of State can set additional safety requirements, such as:
- design;
- testing; or
- labelling rules.
Breaching these requirements can lead to fines or imprisonment. Your business may also face civil claims if it supplies a defective product. This could include:
- claims under strict liability rules in the CPA;
- negligence claims if you fail to take reasonable care; or
- contract claims if the product does not meet what was agreed with the customer.
Some products, particularly in regulated sectors, are subject to extra legal requirements. It is important to identify which rules apply to your products and seek legal advice if your obligations are unclear.
Continue reading this article below the formPutting Safety Systems in Place to Reduce Risk
Your business can take various proactive steps to reduce its exposure to product safety risks. Some steps to consider include the following:
Developing a Product Safety Incident Plan
Implementing a Product Safety Incident Plan to explain how your business will respond when a safety concern emerges. It should set out:
- clear roles;
- escalation paths; and
- communication strategies for consumers, regulators and supply-chain partners.
Using Quality and Safety Assurance Processes
Your business should build a strong quality and safety assurance programme. This approach may involve:
- assessing foreseeable hazards;
- reviewing technical documentation;
- overseeing manufacturing and distribution processes; and
- monitoring consumer feedback for early warning signs.
Clear Product Information
Clear and accurate product information is a core part of your compliance. Warnings should be easy to understand and guide consumers on safe use. Your business must ensure products include:
- correct markings;
- batch codes; and
- user instructions.
Monitoring Products
Your obligations continue once the product is on the market, and you should be prepared for this. Your business must remember to monitor:
- complaints;
- reviews;
- regulator alerts; and
- developments.
Insurance
Insurance and claims management are also important tools. Product liability, public liability and recall insurance can offer valuable protection if a safety incident occurs. Internal claims-handling processes can help your business manage risks effectively and reduce the risk of disputes.
Robust Contracts
To help allocate responsibility fairly and reduce potential disagreements, your contracts with suppliers and distributors should include terms regarding:
- product standards;
- testing responsibilities;
- information-sharing duties; and
- cooperation during recall.
Training Staff
Training is a fundamental step to ensure your team fully understands your business’ safety obligations and feels confident raising concerns.
Legal Advice
Your business’ product range, supply chain and market presence all influence which obligations apply and how to manage them.
Legal advice from a regulatory solicitor can help your business understand its legal duties and accordingly review your safety processes, assess your insurance needs, strengthen your contracts and navigate investigations or claims with better confidence.
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Key Takeaways
Strict product safety laws apply to any business that supplies consumer goods in the UK. If you get this wrong, the consequences can be serious and may include fines or criminal liability. To manage risk and meet your legal obligations, you need to understand GPSR, CPA, and any product-specific rules that apply to your sector. If your business is unsure of its obligations, seeking legal advice from a regulatory solicitor can help you understand your obligations, strengthen your compliance, and reduce risk.
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Frequently Asked Questions
Your obligations depend on the type of products your business supplies, the role your business plays in the supply chain and whether any sector-specific rules apply. In general, key rules include placing only safe products on the market, monitoring safety issues, and acting promptly when risks arise.
Legal advice can help your business understand its obligations and identify any sector-specific rules that impact your duties. This support can help you put the right measures in place to reduce exposure and help your business handle safety risks confidently, lawfully and effectively.
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