UK product safety regime set for an upgrade

On 11 March 2021, OPSS published a call for evidence relating to a product safety review (see here), inviting a broad range of stakeholders (including manufacturers, trade associations, consumers and consumer organisations) to provide their views on the UK approach, in the longer term, to product safety and how to ensure that the UK regulatory framework adequately addresses contemporary and future needs brought about by new technology and modern models of supply.  

Broadly speaking, the call for evidence seeks to assess whether or not the current product safety framework adequately protects consumers from unsafe goods and is sufficiently simple to follow and flexible enough to be able to take account of new risks and opportunities. The call for evidence further intends to assess if the current regime can respond quickly to new and emerging threats and opportunities for product safety (including digital technologies and new models of supply), as well as whether or not it supports both regulators and business to be open and transparent about product safety so consumers can make informed decisions. 

The call for evidence requests specific feedback under a number of themes, namely:

• product design, manufacture and placing on the market – with rapidly evolving technology, including the proliferation of internet-connected devices and 3D printing as a manufacturing technique, the current framework appears to be designed around traditional, physical products and does not specifically address the potential nuances resulting from such new technology;
  
  
• new models of supply – with the recent surge in online sales, the traditional roles of economic operators may become blurred and it becomes a challenge to assess which economic operator is responsible at what time in respect of product safety. With the majority of the current regulatory framework having been drafted before the rise in prominence of online retail, the need for a regulatory system that is in alignment with contemporary models of supply cannot be overestimated;


• new products and product lifecycles – products themselves are evolving and the expected exponential increase in the prevalence of internet connected devices (the Internet of Things) along with the interaction with artificial intelligence (“AI”) techniques present a number of nuances that are not currently contemplated in the existing framework. These nuances include the increased threat of cybersecurity breaches and the need for software updates. In addition, there is a strong sentiment towards products being more sustainable, i.e. products lasting longer, reducing waste, etc.; and


• enforcement considerations – modern supply models and new technologies such as AI are changing what may be possible in compliance and enforcement.  OPSS are aiming to ensure that the tools available to regulators, and their duties, powers and obligations, are current, consistent and appropriate for working with the different business models and complex supply chains.

The awareness by OPSS of the above themes and addressing them in any future UK product safety regulation would generally be welcomed given the limitations of the current regulatory regime, and in some cases, certain unintended regulatory uncertainty brought about by Brexit-related amendments.  

OPSS have optimistically noted that “exploring and introducing better regulation will be a key part of making the most of opportunities outside of the EU, stimulating growth, innovation and competition in the UK, whilst attracting new investment, enabling businesses to grow dynamically, and maintaining high standards.” 

The consultation process closes on 3 June 2021. Please contact us should you require any further information or assistance in this regard.