Unsafe products are a hot topic for the UK government. Last year, the UK Parliament passed the Product Regulation and Metrology Act 2025 and has now launched three new product safety consultations. One relates to fire safety, but the other two have wider application and relate to product safety and the UK's market surveillance regime.
Product regulation: the UK's new product safety framework
The government says that the existing product safety framework needs an upgrade. It is based on the General Product Safety Regulations 2005, introduced two decades ago, and overlaid with specific regulations for certain product sectors.
Among other things, the sale of unsafe products via online marketplaces is a significant problem. Currently, marketplaces selling to UK consumers do not have express statutory obligations to ensure the safety of the products sold via the marketplace. In contrast, in the EU, the Digital Services Act and the General Product Safety Regulation impose safety-related obligations on online marketplace providers. Indeed, the European Commission has just recently fined Temu €200 million for failing to adequately assess the risks associated with illegal products on its platform under the Digital Services Act. Which? has been campaigning about this in the UK for some time.
Other risks include the choking hazard presented by button batteries and the fire hazard presented by lithium-ion batteries.
The government now proposes a new framework to cover a wider scope of products – this aims to reduce possible loopholes in consumer protection and include updating how a 'safe' product is defined and assessed. It also includes proposals to clarify the definitions of businesses that come within the scope of the new framework to make sure everyone involved in the supply of products has the responsibility to proactively protect consumers from dangerous products.
Online marketplaces
Online marketplaces are platforms that enable the sale of products by third-party sellers, and they would be required to exercise due care to prevent, identify and remove dangerous items being sold by others through their services. The government emphasises that it expects these platforms to take a proactive approach to product safety.
Marketplaces would also need to carry out proper checks on sellers, for example, verifying their contact information, identifying repeat offenders, and acting against sellers who repeatedly list unsafe products or fail to meet other product safety obligations. This includes making sure that the seller's contact details are accurate and kept up to date.
For higher‑risk products, the government may introduce additional verification duties for online marketplaces or onward sellers, or require the appointment of a UK‑based responsible person. This would mean that an overseas seller must either appoint an authorised representative in the UK or agree that an importer of their products will fulfil this role.
Product information
The consultation proposes that, unless specific sector rules state otherwise, producers should continue to supply essential safety information. This includes warnings, safety instructions, a product identifier (such as a batch or serial number), and the producer's name and contact details. However, the government considers that more of this information could be provided digitally.
Under the proposals, product identifiers would still need to appear physically on the product or its packaging, or, where this is not practical, such as with very small items, accompany the product. Producer contact details, as well as warnings and safety instructions, could be supplied either physically or digitally. Where sector-specific legislation or standards require certain safety information (such as warnings) to be provided on the product or packaging, those requirements would override the general rules, and the information would still need to be provided physically.
Where information is supplied digitally, a digital label, for example, a QR code, would have to appear on the product or its packaging and clearly indicate what information is accessible. Producers would also be responsible for ensuring that digital information remains accessible for the expected lifetime of the product. In addition, producers and any downstream suppliers selling directly to consumers would need to provide a physical copy of safety information on request, at no extra cost.
The consultation stresses that digital labelling must be inclusive and accessible, ensuring that consumers with limited internet access or low digital confidence are not disadvantaged.
The EU's General Product Safety Regulation, which applies in Northern Ireland, does not currently permit digital labelling, so products sold in Northern Ireland would need to be labelled physically.
Listings on online marketplaces
For online sales, the government is proposing that sellers must display key safety information on their product listings. This would include contact details for the seller and, if different, the manufacturer, along with product information, safety warnings, and any required compliance markings. Online marketplaces would also need to design their platforms so that third-party sellers can present this information in a clear and easily accessible format for consumers.
AI systems
The Product Regulation and Metrology Act allows for the regulation of AI when it is a component of a physical product, but it does not regulate AI in its own right. The government says that it is examining the implications of AI in products and how best to use the powers in the Act to address emerging risks.
Product regulation: market surveillance and enforcement framework
There are over 150 pieces of product safety and legal metrology legislation covering a diverse range of products and technical requirements. There are challenges presented by fragmented and overlapping enforcement powers, with multiple laws often applying to a single product. This complexity makes swift and consistent action difficult for relevant authorities and can cause delay and confusion for businesses.
The government's consultation seeks views on proposed reforms to UK product regulation market surveillance and enforcement. It intends to develop a common enforcement framework, set out in a single statutory instrument, for use by relevant authorities, by the Department for Business and Trade, and by other government departments responsible for product regulation. This would allow the government to apply a unified and uniform enforcement framework when reviewing existing product regulations or regulating new product areas. In addition, it is considering approaches to address challenges in enforcing online and international supply chains.
The government is aiming to:
- Simplify and consolidate enforcement powers to create a comprehensive, coherent and effective regulatory environment.
- Widen the available options for civil sanctions by introducing monetary penalties, reducing reliance on criminal prosecution.
- Address enforcement challenges posed by online and international supply chains.
- Explore whether cost recovery should form part of the enforcement toolkit and, if so, for what types of activities.
- Allow enhanced information sharing between relevant authorities, establishing clear statutory powers to facilitate the secure and effective exchange of data for the purposes of product regulation, safety and compliance.
Next steps
The consultations end on 23 June 2026. Subject to the outcomes of the consultations, the government will prepare the necessary secondary legislation for laying in Parliament. Where primary legislation is required, it will set out the planned legislative route supported by implementation guidance for businesses and relevant authorities and timescales in its response.
