UK Law and Practice Contributed by: Lisa Lunt and Sarah Samuel, Fletchers Solicitors
1. Product Safety 1.1 Product Safety Legal Framework Main Product Safety Laws and Regulations The principal legislation forming the product safety regime in England and Wales includes: • the General Product Safety Regulations 2005; • the Consumer Protection Act 1987; and • the Health and Safety at Work etc Act 1974. General Product Safety Regulations 2005 (GPSR) The GPSR provide the core framework governing the safety of consumer products that are not sub - ject to sector-specific safety regimes. They originally implemented the EU General Product Safety Directive (2001/95/EC) and were retained (with amendments) as domestic law following Brexit. Key features include: • General Safety Requirement: Only products that are “safe” may be placed on the market (Regula - tions 5 and 8). A product is safe if, under normal or reasonably foreseeable conditions of use, it presents no risk or only minimal, acceptable risks. • Scope: The framework applies to products sup - plied in the course of business (whether or not for payment) that are intended or likely to be used by consumers, including certain secondhand or reconditioned products. • Assessment of Safety: Safety is assessed by refer - ence to the level of protection the public is entitled to expect, taking into account product characteris - tics, presentation, warnings and foreseeable use. • Presumption of Conformity: Compliance with relevant legislation and recognised standards may support a presumption that a product is safe, sub - ject to contrary evidence (Regulation 6). • Producer and Distributor Duties: Producers must not place unsafe products on the market and must provide appropriate consumer information and monitoring; distributors must act with due care and cooperate in safety monitoring and corrective action. • Notification Obligations: Producers (and, in certain circumstances, distributors) must notify enforce - ment authorities where a product poses risks
incompatible with the general safety requirement (Regulation 10). • Enforcement and Offences: The GPSR confer mar - ket surveillance and enforcement powers, create criminal offences for non-compliance with safety requirements and safety notices, and provide a due diligence defence. Consumer Protection Act 1987 (CPA) The CPA underpins the UK’s product safety regime by providing the statutory framework for making and enforcing product-specific safety requirements, in addition to establishing a separate strict liability regime for defective products. Key regulatory elements include: • Power to Make Safety Regulations: Part II empow - ers the Secretary of State (notably under Sec - tion 11) to make detailed product-specific safety regulations covering design, construction, testing, approvals, labelling and warnings. • Product Information Requirements: Safety regu - lations may require appropriate instructions and warnings and restrict misleading or inadequate safety information. • Enforcement Notices: Authorities may issue pro - hibition notices, suspension notices and notices to warn in order to prevent the supply of unsafe products. • Seizure and Forfeiture: Unsafe goods may be seized and detained and, following the statutory process, forfeited. • Investigation and Information Gathering: Author - ised officers have powers of entry, inspection, search and information gathering, with offences for obstruction. • Offences and Defences: Breach of safety regula - tions or enforcement notices is a criminal offence, subject to a statutory due diligence defence. • Relationship With GPSR: Where product-specific safety regulations are made under the CPA, they generally take precedence over the GPSR, which operate as a residual “catch-all” regime for other consumer products.
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