Consumer Protection Act 1987
What this means for your business
- Enforced by
- CMA, OPSS, Trading Standards
- Applies to
- United Kingdom
- On this page
- 15 compliance obligations, 9 practical guides across 3 topics
What you must do
15 compliance obligations under this legislation — 5 can result in imprisonment.
Management duties 3
Ensure goods comply with safety provisions to avoid forfeiture
If any of the goods you sell or supply in Scotland breaks a safety rule, a sheriff can order the goods to be seized. You must check all goods against the safety provisions of the Consumer Protection Act and take corrective action before they reach the market. Failure to do so can lead to seizure and possible criminal prosecution.
Ensure goods meet safety standards or face forfeiture
Unlimited fineIf any of your products breach a safety provision, the enforcement authority can ask a magistrates’ court to order the goods to be forfeited. You must make sure your goods comply with the relevant safety rules, and if a court orders forfeiture you must destroy the goods (or release them only under strict conditions) and pay any costs imposed.
Ensure supplied articles and substances are safe and provide safety information
If you design, make, import or supply any product or substance that will be used at work (including fair‑ground equipment), you must make sure it is safe throughout its life‑cycle. You also need to arrange any necessary testing and give your customers clear information on how to use it safely, updating that information if new risks emerge.
Other requirements 1
Do not limit or exclude product liability in contracts
When you sell a product, you cannot include terms that try to waive or cap your responsibility for damage caused by a defect in that product. This applies to any consumer, their relatives or dependants. Your contracts, warranties and any notices must keep full liability for product‑defect damage.
Offences and prohibitions 9
Be liable for another’s consumer protection offence
If a breach of the Consumer Protection Act occurs because of someone else’s act or default in the course of their business, you can be prosecuted as well – even if you are not the primary offender. This also applies to the company itself and any director, manager, secretary or similar officer who consented, connived or was negligent. Conviction can lead to fines and/or imprisonment, depending on the underlying offence.
Breach a suspension notice
3 months imprisonmentIf you continue to supply, offer to supply, agree to supply or display for supply goods that are subject to a suspension notice issued by the OPSS or Trading Standards, you commit a criminal offence. On conviction you face up to three months’ imprisonment, an unlimited fine (level 5 on the standard scale), or both. The offence is tried in the Magistrates’ Court.
Breach of a prohibition notice or notice to warn
3 months imprisonmentIf your business is served with a prohibition notice (telling you to stop supplying unsafe goods) or a notice to warn (requiring you to publish a safety warning) and you fail to comply, you commit a criminal offence. On conviction in the Magistrates' Court you face up to three months’ imprisonment, an unlimited fine, or both.
Contravene consumer‑goods safety regulations
6 months imprisonmentIf you supply, offer, or expose goods that safety regulations forbid, or you fail to carry out required tests, provide mandated information, or give false or reckless information about those goods, you commit a criminal offence. On conviction you can be sentenced to up to six months in prison, fined up to an unlimited amount, or both. The offence is tried in the Magistrates' Court.
Fail to comply with or give false information to a regulatory notice
Unlimited fineIf the Secretary of State (or an appointed regulator) serves you a notice asking for information or records, you must provide it within the time and place specified. Failing to do so without a reasonable excuse, or supplying information you know is false or are reckless about, is a criminal offence. Conviction can lead to an unlimited fine (and, for false information, the offence can be tried in either the magistrates’ court or the Crown Court).
Give a misleading indication about a product
6 months imprisonmentIf you provide a false or misleading statement about a product’s safety, composition, or performance, you commit a criminal offence under the Consumer Protection Act. The offence can be brought against any person or business that makes the misleading indication, and a conviction can lead to fines and possibly imprisonment.
Obstruct an enforcement officer or withhold required information
Unlimited fineIf you deliberately block a Trading Standards or customs officer who is carrying out their powers under the Consumer Protection Act, or you refuse to obey a reasonable request for assistance or information, you commit a criminal offence. The same offence applies if you deliberately give false or reckless information to the officer. Conviction can lead to an unlimited fine, but no imprisonment is provided for under this section.
Pretend to be an enforcement officer
Unlimited fineIf you are not an authorised officer of Trading Standards or the OPSS but act as if you are – for example, pretending to seize goods or carry out inspections under the Consumer Protection Act – you commit a criminal offence. On summary conviction in a magistrates’ court you can be fined up to level 5 on the standard scale (an unlimited fine). No prison term is specified.
Sell gunpowder to children or use fireworks in public places
Unlimited fineIf you sell gunpowder to anyone under 18, or set off fireworks in a public place, you commit a criminal offence. On summary conviction you can be fined up to level 5 on the standard scale (which is an unlimited fine).
Record keeping 1
Identify liable parties for defective products and respond to requests
If your business makes, markets, imports or supplies a product that later causes damage because of a defect, you must be able to tell who is legally responsible (the producer, the importer or the person who presented themselves as the producer). When a customer or victim asks you to identify those parties, you must provide the information promptly, otherwise you can be held liable for the damage.
Reporting and filing 1
Respond to prohibition or warning notice and make representations
3 months imprisonmentIf the Secretary of State serves you a prohibition notice (telling you the goods are unsafe) or a notice to warn, you must reply – either in writing or, if asked, in person – within the time limits set. You can challenge the notice by sending representations and, if required, attending a hearing where you can give evidence and call witnesses.
Penalties for non-compliance
11 penalties under this legislation. 5 can result in imprisonment. 10 carry an unlimited fine.
Breach a suspension notice
Unlimited fine and/or 3 months imprisonment
Breach of a prohibition notice or notice to warn
Unlimited fine and/or 3 months imprisonment
Contravene consumer‑goods safety regulations
Unlimited fine and/or 6 months imprisonment
Give a misleading indication about a product
Unlimited fine and/or 6 months imprisonment
Respond to prohibition or warning notice and make representations
Unlimited fine and/or 3 months imprisonment
Ensure goods meet safety standards or face forfeiture
Unlimited fine
Fail to comply with or give false information to a regulatory notice
Unlimited fine
Obstruct an enforcement officer or withhold required information
Unlimited fine
Pretend to be an enforcement officer
Unlimited fine
Sell gunpowder to children or use fireworks in public places
Unlimited fine
Be liable for another’s consumer protection offence
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 7
How to manage a product recall
Step-by-step guidance for manufacturers, importers, and distributors on managing a product recall when a consumer product is found …
Assess whether your product meets the general safety requirement
How to carry out a product safety risk assessment to determine whether your product meets the general safety …
Product safety penalties and enforcement
Quick reference for product safety penalties, enforcement powers, and sanctions under the General Product Safety Regulations 2005, Consumer …
Product safety compliance checklist for the GB market
Compliance checklist for businesses placing consumer products on the Great Britain market. Covers the general safety requirement, UKCA …
Online marketplace product safety duties
What online marketplace operators need to do to comply with product safety law. Covers new duties under the …
Understanding UK product safety law
A strategic overview of UK product safety law for business owners and directors. Explains the three legislative pillars …
AI product safety: how product liability law applies to AI
How existing UK product safety law applies to AI products and AI components embedded in physical goods. Explains …
Compliance & Legal 1
Sections and provisions
55 classified provisions from this legislation.
Duties 10
- Schedule 2 Prohibition Notices and Notices to Warn Secretary of State
- s.2 Liability for defective products. person
- Schedule 3 Amendments of Part I of the Health and Safety at Work etc. Act 1974 person
- s.7 Prohibition on exclusions from liability.
- s.15 Appeals against suspension notices.
- s.16 Forfeiture: England and Wales and Northern Ireland.
- s.17 Forfeiture: Scotland. goods in relation
- s.27 Enforcement. weights and measures authority …
- s.34 Compensation for seizure and detention. disputed question as
- s.42 Reports etc. Secretary of State at …
Offences and penalties 10
- s.11 Safety regulations.
- s.12 Offences against the safety regulations.
- s.13 Prohibition notices and notices to warn.
- s.14 Suspension notices.
- s.18 Power to obtain information.
- s.20 Offence of giving misleading indication.
- s.30 Provisions supplemental to s. 29.
- s.32 Obstruction of authorised officer.
- s.40 Liability of persons other than principal offender.
- Schedule 4 Minor and Consequential Amendments