James Morrison

The UK's product safety regime has come under increasing scrutiny in recent months. Following the terrible fire at Grenfell Tower, investigators confirmed the blaze was started in a fridge freezer. On 16 January 2018 a House of Commons committee raised alarm at what it described as 'woeful' product safety practices by manufacturers of consumer goods.

In response, the Government has announced a range of policies to improve the UK's product safety regime. Yet, whilst the proposed policy changes will be welcomed by some, it is likely that these announcements mark only the beginning of reform to the UK's product safety regime.  

New product safety office 

The most significant proposal in the Government's announcement is the creation of a new Office for Product Safety and Standards (OPSS). The OPSS will be responsible for all areas of general (non-food) consumer product safety, except for those areas where regulators already exist. 

The purpose of the Office will be to provide dedicated expertise to lead on national product safety challenges, and will include: 

    •    coordinating response to national product safety events;

    •    pooling intelligence from local authorities and other bodies to help identify emerging issues;

    •    providing advice to teams working at ports to help target high-risk imports;

    •    providing product safety information and advice to consumers; and

    •    forming an open dialogue with business in order to help inform regulation and enforcement.

The intention is for the OPSS to be launched straight away and its remit developed over time. One of the first stated goals of the new body is to upgrade the content and functionality of the Government's product recall website. The Government hopes that, by the end of 2018, the OPSS will have launched an extensive data hub of all corrective action and recall programmes affecting consumer products, including a searchable product register to enable consumers to make more informed choices on product purchases. 

Other proposals

A number of other proposals were made in the Government's announcement. The Government has affirmed its commitment to the development of a Code of Practice on product recall, with the promise of the publication of a Publicly Available Specification early this year.

Through the OPSS, the Government pledges to carry out research to assist manufacturers and retailers in the development of technical solutions to product marking and identification. 

The Government has also committed to the further promotion of Primary Authority partnerships with local authorities, the number of which it says it expects grow to over 250,000 by 2020. 

Real change? 

Calls have been made for reform of the UK's product safety regime for some time. Whilst some may welcome any sign of reform, it is not yet clear what effect the proposed changes will have beyond what already exists. 

For some, what is required is nothing less than the creation of an independent product safety body with powers to regulate and enforce. The OPSS will not have such powers (at least to begin with). Only time will tell whether it has the ability to deliver the change that many say is clearly needed, or whether it is simply a re-casting of what has gone before.

James Morrison, a solicitor in national law firm Ashfords' Dispute Resolution Team