INTRODUCTION Contributed by: Rod Freeman, Cooley LLP
co-ordinated enforcement. The EU is increasingly moving away from fragmented national approaches, with enhanced EU-level powers for oversight, co- ordination and enforcement under regimes such as the Digital Services Act, the AI Act and the Customs Reform package. Further initiatives under discussion include the possible creation of an EU-level market surveillance authority and the conferral of investigative and enforcement powers on the European Commis - sion in consumer law cases. In parallel, enforcement models are expanding beyond public authorities, with greater use of private enforcement mechanisms – for example through the EU Representative Actions Directive – empowering consumers to bring claims more effectively. The UK is consulting on a once-in-a-generation reform of product safety regulation and enforcement. The proposals would consolidate enforcement powers currently spread across more than 70 pieces of legis - lation into a single toolkit and reduce reliance on crimi - nal sanctions in favour of a broader, more flexible suite of civil penalties. These would include the ability for regulators to impose civil monetary penalties directly, accept enforcement undertakings, and require public admissions of fault or compensation, alongside new cost recovery powers and enhanced information shar - ing mechanisms. Raising the Global Baseline The international co-operation landscape is continuing to evolve. Some jurisdictions benefit from enhanced co-operation through established networks, such as the Organisation of American States’ Consumer Safety and Health Network, which brings together consumer safety authorities from 21 participating countries to share information, expertise and best practices. In December 2025, the United Nations General Assem - bly adopted the first-ever UN Principles for Consumer
Product Safety, affirming the right of all consumers to safe, non-hazardous products, including when sold online. The Principles emphasise businesses’ pri - mary responsibility across the product life cycle and seek to strengthen public authorities’ ability to assess risks, order recalls, remove unsafe listings and share safety alerts across borders, within a flexible, non- trade-restrictive and sustainability-aligned framework. Influenced by the EU’s General Product Safety Regu - lation, this marks a significant milestone in the global product safety landscape and is expected to shape the development of national regimes, particularly in jurisdictions seeking to introduce or strengthen base - line protections. Resources for Managing Changing Risks The growing complexity of product law, combined with the speed and scale of regulatory change, pre - sents significant challenges for manufacturers and suppliers operating globally. The costs of failing to anticipate and manage these risks can be severe, as many high-profile brands have discovered in recent years. At the same time, these developments also create opportunities. Clear, proportionate rules – supported by more active enforcement – can help level the play - ing field and provide greater market stability for com - pliant businesses. For companies with strong brands and customer trust to protect, effective regulation can play an important role in safeguarding investment and managing risk. The challenge is therefore practical: staying ahead of change, understanding its implications and build - ing systems that are resilient over time. This guide, authored by leading practitioners worldwide, is intended to form part of the toolkit to help companies do just that.
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