Ian Thomas Associates

Review of UK product safety laws

The UK Government is presently consulting on the future of its product safety regime. The consultation is entitled ‘Smarter Regulation: UK Product Safety Review’ and closes on 24 October 2023. It can be found at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1175948/uk-product-safety-review-consultation-august-2023.pdf

The Ministerial Foreword concludes with the following message, ‘We want to design a modern, effective product safety framework and we encourage you to help us shape it.’

The Review does not cover food, chemicals, medical or healthcare products, construction products or vehicles as they are covered by their own regulatory regime.

It contains 13 proposals and asks 23 questions and the aim of the Review may be seen from the first consultation question;

‘Are there any specific products where action within the current product safety framework could be taken to reduce business burden, encourage innovation and/or increase consumer choice without compromising safety?’

Question 21, reflecting proposal 11, concerns enforcement and is closely aligned to other UK consultations including the current one relating to nutrition:

‘Do you agree with the proposal to introduce improvement notices, civil monetary penalties, and enforcement undertakings?’

Businesses served with improvement notices or civil penalties must be provided with an appeal mechanism to challenge the enforcement action in court or in the Tribunal system.

If the outcome of this Review might adversely impact you or your business, or if you are a consumer seeking a more robust safety regime, then have your say by email, on-line or by post (see page 10 of the Review document)

If you require further information about this Review, please get in touch – ian@ianthomasassociates.com.

This article is for information purposes only and does not constitute the provision of legal advice. You should always take independent legal advice in respect of any legal or regulatory issues you may be having.

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