UK product safety law update: Measuring up the Product Regulation and Metrology Bill

The current UK product safety regime originates from earlier EU law. However, changes made to EU rules since Brexit will not apply in the UK. Notably, in the EU the new General Product Safety Regulation has been in force since December 2024, which is designed to tackle challenges relating to new technological products and the delivery of goods through online marketplaces. While some progress has been made by the UK Government to look to update our domestic system, actual concrete reform has been lagging behind.

In that context, the Product Regulation and Metrology Bill (the “Bill”) marks an important legislative step to reform the UK’s framework. The Bill has passed all stages in the House of Lords and its third reading in the House of Commons took place on 1 April 2025.

What does the Bill cover?

In its current form, the Bill will apply to the majority of consumer products which are defined as “a tangible item that results from a method of production”. There are certain exclusions including food, some agricultural products, aircraft, military equipment and medical devices. 

That said, the Bill does not specify in detail how the reformed regime will operate in practice. Instead, it empowers the Secretary of State to make future regulations (i.e. by way of secondary legislation). In particular:

1. Product Regulations – The Secretary of State can make regulations concerning the marketing and use of products in the UK. Such regulations would aim to reduce or mitigate risks presented by products. For that purpose, a product would present a risk when it could (when used for the purpose for which it is intended or under reasonably foreseeable conditions): (a) endanger the health or safety of persons or domestic animals; (b) endanger property; or (c) cause electromagnetic disturbance.

2. Product Requirements – The Bill allows for the setting of product requirements for products to be marketed or used in the UK. These requirements could relate to (among other things) production, components (including intangible components such as software), installation, use, marking, marketing through online marketplaces, monitoring and certification. 

Of particular note, in addition to manufacturers, importers and installers, such requirements could be imposed on a person who: (a) controls access to an online marketplace; (b) controls the contents of an online marketplace; or (c) acts as an intermediary for a person who controls such access or contents.

3. Enforcement – Product regulations may designate relevant authorities to monitor compliance, investigate suspected non-compliance, secure compliance and mitigate the effect of any non-compliance. Similar to the current regime, authorities could have the power to search and inspect premises, seize and retain products, prohibit the marketing of a product and require a recall or withdrawal from the market.

Key themes

During the Commons reading/debate on the Bill, several key themes have emerged about its potential operation and effect:

• The extent to which the UK regime could diverge from EU product regulations. The Bill grants the Government the power to update product safety rules independently, allowing for a sovereign choice to either mirror or deviate from EU standards. The Government has said that alignment with EU rules may be beneficial to the UK in certain circumstances, although the delegated powers could in principle lead to more tailored and stringent standards for UK products. 
• MPs emphasised the importance of the Bill supporting businesses by creating a level playing field between the high street and online marketplaces or e-commerce platforms. 
• There was also a strong focus on enhancing consumer safety: (i) by ensuring that products meet high standards; and (ii) through ensuring that regulations can be updated to keep pace with market developments and technological innovations. That said, the debate touched on the importance of thorough consultation and Parliamentary scrutiny to ensure that any new regulations are proportionate and evidence based. 

What’s next?

It’s too early to say with certainty what the implications will be for businesses – if the Bill is passed in its current form, this will likely depend on what secondary legislation is made down the line containing the details of product requirements for the UK market. If there are divergences from EU standards or rules, this could create challenges and increased compliance costs for businesses that supply to both the EU and UK markets.

The Bill has reached the Public Bill Committee Stage, with the Committee seeking written evidence before providing its report (expected in mid-to-late May 2025). 

We’ll be monitoring the Bill’s progress and will provide further updates on any significant developments. 

If you have any questions or queries concerning this topic or product safety more generally, please do not hesitate to contact our product safety specialists.