Understanding UK product safety law

What product safety law means for your business

If your business manufactures, imports, distributes, or sells physical products to consumers in the United Kingdom, you are subject to product safety law. This is not a single piece of legislation but a framework built from three interlocking pillars, each with a different purpose and different consequences when things go wrong.

Understanding how these pillars fit together matters because:

• Civil liability can result in substantial compensation claims from anyone injured by a defective product, without the claimant needing to prove you were at fault
• Criminal offences carry unlimited fines and up to two years' imprisonment for placing unsafe products on the market
• Enforcement powers allow regulators to seize products, issue recall notices, and shut down supply chains
• Reform legislation is expanding duties to online marketplaces and introducing civil penalty powers

The three pillars operate simultaneously. A single product safety failure can trigger civil claims, criminal prosecution, and regulatory enforcement at the same time.

Pillar 1: General Product Safety Regulations 2005

The General Product Safety Regulations 2005 (GPSR) establish the baseline safety duty for all consumer products placed on the Great Britain market. They apply as a safety net wherever sector-specific product regulations (such as those for toys, electrical equipment, or cosmetics) do not already cover a product.

The GPSR creates a general obligation: only safe products may be placed on the market. This duty falls on both producers (manufacturers, own-branders, and importers) and distributors (retailers and wholesalers), though their specific obligations differ.

A product is considered safe when, under normal or reasonably foreseeable conditions of use, it presents no risk - or only the minimum risk compatible with its use - that is considered acceptable given a high level of protection for consumers.

Pillar 2: Consumer Protection Act 1987

The Consumer Protection Act 1987 (CPA) operates on two distinct fronts, each with serious consequences for businesses.

Part I: Strict liability for defective products

Part I creates a strict liability regime for personal injury and property damage caused by defective products. This is the civil law dimension of product safety. The word "strict" is critical: an injured person does not need to prove that you were negligent or at fault. They need only prove that the product was defective, they suffered damage, and the defect caused the damage.

This regime applies to manufacturers, own-brand suppliers, importers into the UK, and any supplier who cannot identify their own supplier when asked. Liability under Part I cannot be excluded or limited by contract.

Part II: Criminal offences

Part II creates criminal offences for supplying consumer goods that fail to comply with the general safety requirement. Unlike Part I, this is criminal law: the consequence is prosecution, fines, and potentially imprisonment. It applies to any person who supplies consumer goods that are not reasonably safe.

The criminal sanctions reinforce the civil liability regime. A business that supplies defective products faces not only compensation claims from injured consumers but also criminal prosecution by Trading Standards or the Office for Product Safety and Standards (OPSS).

Pillar 3: Product Regulation and Metrology Act 2025

The Product Regulation and Metrology Act 2025 (PRMA) received Royal Assent on 21 July 2025. It is an enabling Act: rather than imposing detailed rules directly, it gives the Secretary of State broad powers to make regulations through secondary legislation.

The PRMA represents the most significant reform of UK product safety law since leaving the European Union. Its key strategic implications for businesses include:

• Online marketplace duties: For the first time, online marketplaces will have statutory product safety obligations, creating a level playing field between online and physical retail
• UK Responsible Person: Power to require a UK-based person to be responsible for compliance of imported products
• Civil penalties: Power to introduce monetary penalties as an alternative to criminal prosecution, enabling faster enforcement
• Dynamic standards recognition: Ability to recognise international standards more flexibly, reducing compliance costs

Secondary legislation setting out the detailed requirements is expected throughout 2026 and beyond. Businesses should monitor GOV.UK announcements for consultations and commencement dates.

Enforcement: who polices product safety

Product safety in Great Britain is enforced by a network of regulators operating at local and national level. Understanding who enforces what helps you respond correctly when issues arise.

The Office for Product Safety and Standards (OPSS), part of the Department for Business and Trade, acts as the national regulator. It leads on cross-border issues, systemic risks, and complex enforcement. Local authority Trading Standards services handle day-to-day enforcement at local level, including test purchases, inspections, and prosecution of criminal offences.

Enforcement powers include the ability to issue withdrawal notices (removing products from sale), recall notices (requiring businesses to retrieve products from consumers), suspension notices (temporarily halting supply), and forfeiture orders (destroying unsafe products).

How the three pillars interact

The three pillars are complementary, not alternative. A single product safety failure can engage all three simultaneously:

• GPSR 2005: OPSS or Trading Standards investigates whether the product meets the general safety requirement, and takes enforcement action (withdrawal, recall, prosecution)
• CPA 1987 Part I: Injured consumers bring civil claims for compensation under the strict liability regime
• CPA 1987 Part II: Trading Standards prosecutes criminal offences for supplying unsafe products
• PRMA 2025: As secondary legislation comes into force, additional duties (online marketplaces, civil penalties) add further layers of accountability

For business owners and directors, this means product safety is not a single compliance exercise but an ongoing obligation that touches civil liability, criminal law, and regulatory enforcement. Investing in robust safety systems - testing, documentation, traceability, and recall procedures - is the most effective way to manage risk across all three pillars.