UK Set to Follow the EU's Lead on Product Safety

At a Glance

• In the UK, the Product Regulation and Metrology Act 2025 creates a framework in which the secretary of state can implement secondary legislation focusing on product law. 
• To develop the product safety element of this secondary legislation, the UK government has launched a public consultation on significant reforms to the general product safety framework and market surveillance regime. The proposed changes aim to modernise legislation and enhance consumer protection, particularly in respect of the growth of digital commerce and cross-border supply chains.
• The Law Commission of England and Wales is in the early stages of a review of the product liability landscape in the UK. A formal public consultation on the proposals for reform is planned for the second half of 2026.
• If the resulting legislation bears any similarity to the EU's General Product Safety Regulation and to the Product Liability Directive, as it may do, the scope for consumers to leverage these new laws to bring high-value claims will be of material commercial concern.

The UK government is considering a potential overhaul of product safety and liability regulations in the United Kingdom. We have previously reported on the wide-ranging change that will be implemented in the European Union (EU) by the Product Liability Directive (PLD), which requires member state implementation by 9 December 2026. The European Union also introduced the General Product Safety Regulation (GPSR), which came into force in December 2024 and represented a major overhaul of its product safety regulation.

While the PLD and GPSR have no application in the United Kingdom, the UK government has recognised the need to modernise its own consumer product regulation (in respect of both safety and liability), to align with EU regulatory standards. 

Product Regulation and Metrology Act 2025

The UK's current product safety regime is primarily derived from the original EU laws that have subsequently been updated for EU member states by the implementation of the GPSR and PLD. In the UK, the Product Regulation and Metrology Act (the Act) received royal assent in July 2025. The Act creates a framework in which the secretary of state can implement secondary legislation focusing on product law.

Product Safety

In order to develop the product safety element of this secondary legislation, the UK government has launched a public consultation on significant reforms to the general product safety framework and market surveillance regime. The proposed changes aim to modernise legislation and enhance consumer protection, particularly in respect of the growth of digital commerce and cross-border supply chains. 

Key elements of the review include:

• Establishing consistent baseline safety requirements for all products placed on the UK market, with wider definitions of what constitutes a 'product' and updated safety considerations reflecting concerns around digital technologies. 
• Ensuring responsibilities throughout the supply chain, including for producers, distributors, and online marketplaces. Such responsibilities will focus on proactive monitoring, reporting, and corrective action. 
• Requiring international businesses to have a local presence in the form of an authorised representative in relation to some high-risk products. 

The consultation is due to end on 23 June 2026. The UK government will publish its response in the autumn and will then implement the appropriate secondary legislation on product safety. 

Product Liability

In addition to potential changes to the product safety regime, the Law Commission of England and Wales (Law Commission) is in the early stages of a review of the product liability landscape in the UK. 

The central legislation in relation to product liability in the UK — the Consumer Protection Act 1987 (CPA) — derives from the original EU product liability directive, which was adopted in 1985. That legislation has not kept pace with the technological advancements of the past 40 years, leaving the UK's product liability regime unfit for purpose. 

As well as other aspects, the Law Commission's review will consider whether changes should be made to the CPA definitions of 'product', 'defect', and 'damage', to account for the development of digital technologies and AI; it will also consider the burden of proof for claimants, limitation periods for latent harms, and whether the CPA definition of 'producer' should be widened to include operators throughout the supply chain. 

A formal public consultation on the proposals for reform is planned for the second half of 2026. 

Conclusion

Viewed in the context of the UK government consultation on consumer class actions, these developments and the secondary legislation that they herald will be of central importance to many businesses manufacturing, distributing, and operating in the UK, introducing further complexity and risk. If the resulting legislation bears any similarity to the GPSR and PLD, as it may do, the scope for consumers to leverage these new laws to bring high-value claims will be of material commercial concern.

This would be compounded by the introduction of any consumer class actions regime in England. In recent years, the EU has introduced a similar mechanism for consumer redress via the Representative Actions Directive (RAD), which allows qualified entities to bring collection actions on behalf of consumers. Businesses in the EU have already warned that the RAD — when combined with the implementation of the GPSR and PLD, and the proliferation of third-party funding — will almost certainly stunt innovation and growth as resources are diverted toward litigation risk. 

It remains to be seen whether the UK follows this approach, and Faegre Drinker will continue to report on these changes as they emerge.