UK product safety reform: new rules, new risks

What is happening?

The UK government is overhauling product safety law for the first time in 20 years. On 31 March 2026 it published three linked consultations, open until 23 June 2026, setting out its plans in relation to a new product safety framework, market surveillance and enforcement, and metrology reform.

In what has been described as the most significant reform of product safety in a generation, the proposed changes will affect anyone who makes, imports, distributes or sells products in the UK. They also contemplate bringing online marketplaces into the regulatory framework for the first time.

How we got here

The UK's product safety rules have their roots in EU law. The EU adopted its first General Product Safety Directive in 1992, which required all consumer products on the market to be safe. A second directive followed in 2001, and the UK incorporated it into domestic law through the General Product Safety Regulations 2005 ("GPSR 2005"). GPSR 2005 has been a key cornerstone of UK product safety law in respect of consumer products ever since, setting out a general safety requirement, placing duties on producers and distributors, and giving enforcement authorities powers in relation to unsafe products. It was supported by more specific detailed rules in the various EU harmonized legislation some of which was adopted by the UK when it left the EU, including the GPSR 2005.

In 2023, the European Commission published a new General Product Safety Regulation 2023/988 ("EU GPSR"), which took effect across EU Member States in December 2024.

The UK did not follow suit and a gap has therefore developed between UK and EU rules. This type of divergence of laws is impractical for businesses operating across borders. Furthermore, GPSR 2005 is showing its age. It was written for a pre-digital world and does not deal with online marketplaces, products powered by artificial intelligence, or the global supply chains that now deliver goods to UK consumers. This has long been a source of discontent for consumers and regulators and has led to uncertainty for some business operators who have on occasions been forced to take a risk based approach in relation to compliance.

The Product Regulation and Metrology Act 2025

The first step towards reform came in July 2025 with the passing of the Product Regulation and Metrology Act 2025 ("the PRM Act"). The PRM Act does not contain detailed product safety rules. It is an enabling Act providing a framework, which gives the Secretary of State broad powers to create new rules through secondary legislation. It allows the UK government either to align with EU law where that helps trade, or to diverge where it believes a different approach works better. It also, for the first time, gives the government power to impose duties on online marketplaces, installers and assessment bodies.

What do the consultations propose?

As mentioned above, three consultations were published on 31 March 2026, covering a new product safety framework, providing the tools for market surveillance and sharper enforcement, and reform of product safety testing relating to fire retardancy. The government plans to publish a joint response within 12 weeks of the consultations closing. Here are the main proposals that businesses need to know about.

All products, not just consumer goods

GPSR 2005 only covers consumer products. It is proposed that the new framework extend to all products, including those used in workplaces and business settings. As is usually the case, there are exemptions for those products already covered by specific legislative controls including certain agricultural, animal and plant products, aircraft and their components, medicines and medical devices, military equipment, antique, collectibles and artworks, Never the less the proposed new law represents a significant expansion of product controls and indeed it goes, further than the EU GPSR.

A fresh definition of "safe"

The government plans to update how safety is assessed. The new criteria will also include safety from a cybersecurity, AI and machine learning perspective, This reflects the reality that modern products are increasingly connected and software-driven.

Of key importance is that any assessment would need to be much more robust to address usage by vulnerable groups and hazards that particularly affect children, older people and disabled people. This represents a significant change to the scope of any assessment and in particular product development considerations.

A simpler supply chain

The current rules place duties on "producers" and "distributors." The new framework proposes replacement with three categories. "Producers" remains largely the same. "Distributors" would become "onward suppliers" — a broader term that now includes fulfilment service providers. And "online marketplaces" becomes a new, separately regulated category with its own direct duties.

Online marketplaces in the spotlight

Online marketplaces currently have no formal product safety obligations under UK law. In one of the biggest proposed reforms, this is likely to change. Marketplaces will need to act with due care to prevent, find and remove dangerous products from their platforms. They will need to carry out full due diligence particularly against sellers who repeatedly list unsafe goods, verify seller contact details, and conduct "know your business" checks.

Digital labelling

In a move that goes further than current EU legislation, under the proposals, UK businesses would be able to provide safety information digitally, for example using QR Codes, rather than on physical labels. For businesses selling into both markets, this creates a potential compliance headache: a product that is compliant in the UK may not meet EU labelling rules.

Regulating AI in products

The PRM Act gives the government power to regulate AI when it forms part of a physical product, for example smart home devices and toys, and autonomous quality control robots used in industry. The consultation is gathering evidence on post-sale risks such as automated decisions that change how a product behaves, software updates that introduce new hazards, and security flaws so that it can decide how best to deal with these aspects.

Responsible persons

The consultation proposes a requirement that for a UK based "responsible person" to be appointed for certain designated high-risk products are imported, or otherwise made available for sale within the market in the UK. This could be the manufacturer, an authorised representative, or the importer. Unlike the EU GPSR, which mandates an EU-based responsible person for all in-scope products, the UK approach is intentionally targeted and risk-based, and does not extend to fulfilment service providers as an eligible category. The consultation does not yet specify which product categories will be classified as high risk, but overseas businesses, in particular, should anticipate increased pressure to appoint a UK-based authorised representative or work with an importer to establish a domestic point of accountability if the proposals are implemented.

Stronger and more flexible enforcement tools

Currently, criminal prosecution is the main enforcement tool available to regulators. The government wants to add civil monetary penalties, civil undertakings and enhanced information-sharing powers. The proposals include a cost recovery mechanism that would also enable recovery of the costs of regulatory intervention from businesses whose actions require significant enforcement activity. This would give regulators a broader and more flexible toolkit allowing them to take proportionate action without always needing to pursue a criminal case.

Replacing the flame test

The third consultation relates specifically to reform of the Furniture and Furnishings (Fire) (Safety) Regulations 1988, which have faced criticism for being inconsistent with modern product safety approaches. The proposal contemplates a move away from open flame testing to the smoulder test standard used in the EU and USA with the underlying aim being to reduce the use of chemical flame retardants.

What businesses should do now

These reforms are still at the consultation stage, but the direction of travel is clear. Businesses that currently classify their products as "business products" outside the scope of GPSR 2005 should note that the new framework may bring them within scope for the first time.

Now is the time to consider the implications for your business, review your role in the supply chain under the new categories, consider use of updated product risk assessments to reflect broader safety criteria, and the implications of digital labelling, particularly if you sell into both UK and EU markets. With a limited time until the consultations close, interested businesses have a small window of time in which to influence outcomes.

The product safety team at Eversheds Sutherland has expertise in all aspects of product safety, from risk assessments and regulation through to managing complex litigation arising out of faulty products.

If you would like to discuss what these proposals mean for your business or supply chain, or if you are considering responding to any of the three consultations, please get in touch to see how we can help.

This article has been contributed to by Teresa Hitchcock, Consultant in our Litigation and Dispute Resolution practice.