Product safety: an overview – London Borough of Bromley

Although the United Kingdom left the European Union (EU) in 2021, certain pieces of legislation (known as 'assimilated law') continue to apply until such time as they are replaced by new UK legislation, revoked or permitted to expire. This means that our guidance still contains references to legislation that originated from the EU.

This guidance is for England, Scotland and Wales

When products are manufactured, sold, supplied or otherwise made available for your use as a consumer, there is a vast array of safety rules that traders must comply with.

In general, traders that produce and distribute products must only supply products that are safe; they must undertake activities such as product marking for identification and traceability purposes, sample testing, complaints investigation and passing on information to consumers about any risks posed by a product.

Product safety is regulated by the General Product Safety Regulations 2005 as well as other laws that cover specific types of products - for example, toys, electrical equipment and cosmetics. These laws are technical and can be complex, but traders must ensure that they follow the rules.

This guide is designed to give you an overview of key aspects of these safety laws and explain what your rights are if you believe that a product is unsafe.

BREXIT

Rules are in place that cover many areas, including how the UK trades with the EU. What does this mean for you? The majority of the changes to trade are 'behind the scenes', but there are some changes which you will notice, such as replacing 'EU' with 'UK' or 'GB' (Great Britain) and having the option to use UKCA* (UK Conformity Assessed) marking and/or the EU's CE marking on certain goods.

*The UKCA mark was intended to replace the EU's CE mark after Brexit. However, due to rising costs for businesses, among other things, the Government is currently allowing either mark to be used for most products.

GENERAL PRODUCT SAFETY REGULATIONS 2005

The General Product Safety Regulations 2005 (GPSR) place a duty on producers (for example, manufacturers, those importing goods into GB and anyone who reconditions a product) and distributors (traders in the supply chain whose activities do not affect the safety of a product - for example, wholesalers, retailers, agents and auctioneers) to supply products, both new and second-hand, that are safe for consumers when used in a normal or reasonably foreseeable way. The regulations also extend to products intended for professional use which might foreseeably be used by consumers.

Products that are sold, leased, hired, exchanged, given away as prizes or gifts, or provided as part of a delivery of a service (for example, the provision of a hairdryer in a hotel room for guests' use) are all covered by these Regulations.

The following are all important factors when deciding whether a product is safe:

the characteristics of a product (how it is made, packaging and any instructions for assembly)
the effect of the product on other products it is used with
its presentation (labelling, warnings and any instructions for use and disposal)
the types of consumers using the product

Product-specific safety regulations cover certain types of products that have their own particular safety requirements - for example, electrical equipment, cosmetics and toys. Where requirements under product-specific regulations overlap those of the GPSR, the specific regulations apply; however, the GPSR act as top-up regulations to cover aspects of safety that may not otherwise be covered. For example, some product-specific regulations only deal with the safety of new products, but the GPSR will apply to those products when they are supplied second-hand.

In contrast to some product-specific safety regulations, the GPSR do not require products to be UKCA or CE marked. In fact, it may be an offence under the Consumer Protection from Unfair Trading Regulations 2008 to UKCA or CE mark products that do not require it, if the intention is to mislead you.

ELECTRICAL EQUIPMENT

When you are supplied with electrical equipment, you are entitled to expect not only that it works, but that it is safe to use.

The Electrical Equipment (Safety) Regulations 2016 apply strict controls to domestic electrical equipment that operates within certain voltage limits. It also covers electrical equipment intended for use in the workplace.

Manufacturers, authorised representatives, importers and distributors all have their parts to play in ensuring electrical equipment is safe.

Broadly speaking, the electrical equipment must be designed and manufactured to meet key safety objectives, which include the following:

essential characteristics must be marked on the electrical equipment or on an accompanying document in a way that allows you to use it safely and properly
electrical equipment and any components must be made in such a way that they can be safely and properly assembled and connected
people and any pets must be protected against hazards, such as physical injury or other harm caused by direct or indirect contact
must operate at a safe temperature and be suitably insulated to protect against electric shock
must have adequate protection against hazards caused by external influences, such as environmental conditions
electrical equipment must meet expected mechanical requirements so that people, pets and property are not endangered
any overload must not endanger people, pets or property

All electrical equipment must be safety tested and UKCA or CE marked to show that it meets all required safety objectives. You will continue to see CE marked electrical equipment for sale because the Government intends to indefinitely allow manufacturers to use either the UKCA or CE markings (or both) on products placed on the GB market, as long as they conform to all legal requirements.

Electrical equipment must carry a label that displays the manufacturer or importer's name, registered trade name or trade mark and address and some form of product identification, such as a type, batch or serial number. Clear and understandable instructions and safety information written in English must be provided.

Importers' and distributors' responsibilities include ensuring the electrical equipment is stored and transported safely.

Traders must ensure that the shape and pins of plug-in devices intended to be connected without the use of a mains lead or plug - such as chargers - conform to the relevant British standard. Electrical equipment that uses a flexible lead and plug - hairdryers, for example - must have a correctly fitting fused plug that conforms to the relevant British standard / safety provisions.

Traders who sell second-hand electrical equipment are responsible for ensuring that it meets legal safety requirements.

COSMETIC PRODUCTS

Skin and hair care, make-up, perfumery, oral care and toothpaste are all classed as cosmetic products. In fact, any product that is in contact with the external parts of the human body and is designed to cleanse and protect them, change their appearance and/or keep them in good condition is a cosmetic product.

A cosmetic product must be "safe for human health when it is used under normal or reasonably foreseeable conditions of use", taking the following into account:

presentation, including appearance, smell and packaging that could easily be confused with foodstuffs
labelling
instructions for use and disposal
any other important information provided by the 'responsible person' (the person who manufactures, imports or distributes cosmetic product in the UK)

Cosmetics must be thoroughly assessed for safety, but it should be noted that there are strict rules that apply to animal testing.

All cosmetic products must be properly labelled in permanent, easily readable and visible lettering, which must include:

name and address of the responsible person in the UK (traders have a two-year transition period to include these details, but only if the EU responsible person details are present)
weight or volume of the product, unless it is sold loose
the country of origin if the cosmetic product is imported
durability. If minimum durability is under 30 months, it must display a specific symbol and best-before date. If it will last more than 30 months, it must indicate a time after opening for which the product is safe to use
precautions that may need to be observed in use
batch number of the cosmetic product so that it can be easily identified
the function of the cosmetic product, unless it is clear from its presentation
an ingredients list, which must appear on the packaging; if this is not possible, it must appear on a notice, leaflet, label, tag, tape or card accompanying the cosmetic product

TOY SAFETY

Your decision to purchase a toy is usually influenced by what you believe the child will enjoy, whether it is suitable, and (of course) 'pester power'. You will expect that any toy you buy is safe to use, and this is covered by the Toys (Safety) Regulations 2011.

The legal definition of toys are products designed or intended (whether or not exclusively) for use in play by children under 14 years old.

There are products that are not classed as toys, but they will be covered by other safety legislation. They include:

playground equipment for public use
toy vehicles with combustion engines
slings and catapults
decorations for festivities and celebrations
collectors' items
sports equipment
bicycles
babies' soothers
children's fashion accessories that are not for use in play

It is the responsibility of all traders in the supply and distribution chain, from manufacturers to retailers, to ensure that toys do not jeopardise the health and safety of children.

A toy must be designed and manufactured to meet essential safety requirements. This means it must not affect the health and safety of users when it is used as intended or in a way that is foreseeable, bearing in mind the behaviour of children. The ability of the user must be considered, especially in the case of a toy intended for children under 36 months.

Toys that might be dangerous for children under 36 months must carry the warning 'Not suitable for children under 36 months' or 'Not suitable for children under three years', as well as details of the hazard - for example, 'small parts'. Alternatively, the image below can be used:

0-3 symbol

It is the manufacturer's responsibility to UKCA or CE mark the toy to show that it complies with essential safety requirements. You will usually find the UKCA or CE mark fixed to the toy, on a label fixed to the toy or on the toy's packaging.

Look for the manufacturer or importer's name and address and a batch, serial or model number (which is used for identification purposes) on the toy itself, the packaging or any document that accompanies the toy.

The manufacturer must ensure that a toy has instructions for use, safety information and warnings, as appropriate. Any warnings about hazards and risks of using a toy must be marked in a clear, visible, understandable and legible way on the toy, label or packaging and any instructions for use. Before you buy the toy, check the minimum and maximum ages of the children for which is it designed; manufacturers should provide this information.

It is a retailer's responsibility to make sure the toy is UKCA or CE marked and that the manufacturer or importer's details and batch, serial or model number are present, as well as instructions for use, warnings and safety information.

You will continue to see CE marked toys for sale because the Government intends to indefinitely allow manufacturers to use either the UKCA or CE marking (or both) on products placed on the GB market, as long as they conform to all legal requirements.

UKCA MARKING

By attaching UKCA marking to goods, the manufacturer or their authorised representative, is declaring that they meet all the requirements of UK legislation that apply to them (such as those covering health, safety and environmental matters). It covers the same types of goods that are CE marked. Look out for the UKCA marking on the goods or the packaging. In certain cases, you may find it on manuals or other documents accompanying the goods.

UKCA marking looks like this:

You may be familiar with the EU's CE marking, which looks like this:

PRODUCT RECALL

Registering a recently-purchased product with the manufacturer is the best way to be kept informed of any safety issues. Check the documentation provided with the product for details of how to register it.

If a manufacturer discovers a problem with a product that could affect safety, they must organise a recall of the product. This can be voluntary or the manufacturer can be required to act by Trading Standards. A recall can be actioned by:

contacting purchasers to tell them about the recall, to the extent that it is practicable to do so
publishing a notice about the risks posed by the product and what the trader is doing to resolve the problem
making arrangements for the collection and return, repair, replacement or refund of a product
giving information on the make, model and batch number of the affected product

If you have concerns about a product, you can check the manufacturer's website for information and view the list of recalls and safety notices on the Chartered Trading Standards Institute website.

I THINK THE PRODUCT I HAVE BOUGHT IS UNSAFE: WHAT SHOULD I DO?

Stop using the product straight away. Take a photo / video of the product and make a note of the make, batch, serial or model number. Have the instructions, any packaging and proof of purchase to hand.

Contact the Citizens Advice consumer service on 0808 223 1133 for advice on your rights and for your complaint to be referred to Trading Standards.

UNSAFE PRODUCTS: WHAT ARE MY RIGHTS?

The Consumer Rights Act 2015 sets out what you are entitled to expect from goods supplied by a trader. These are commonly referred to as your 'statutory rights'. Note that safety is a factor in deciding whether goods are of 'satisfactory quality'. The law also gives you remedies against the trader if goods fail to meet your expectations.

Key rights:

the trader must have the 'right to supply' the goods - for example, they must actually own them to legally sell them to you
the goods must be of 'satisfactory quality'. The description, price, condition of the goods, fitness for purpose, appearance and finish, safety, durability and freedom from minor defects are all important factors when considering quality. Public statements (such as those in advertising or on labelling) made by the trader, the producer or their representative about the goods, must be accurate and can also be taken into account when deciding whether it is of satisfactory quality
if you make a trader aware that you want the goods to be 'fit for a particular purpose' (even if it is something that it is not usually supplied for) then you have the right to expect they are fit for that purpose
you have the right to expect that the goods are 'as described'
if you see or examine a sample, then the goods must 'match the sample'
if you see or examine a model, then the goods must 'match the model'

Key remedies:

short-term right to reject the goods and obtain a full refund
right to a repair or replacement
right to a price reduction or a final right to reject the goods

The 'Sale and supply of goods: your consumer rights' guide gives more information on your rights and which remedy you are entitled to.

The 'Sale and supply of goods: what to do if things go wrong' guide explains the practical steps you can take when complaining to a trader about faulty goods.

Under the Consumer Protection Act 1987, if you have been injured by an unsafe product, you are entitled to take court action against the manufacturer, even if you did not purchase the product yourself.

MORE INFORMATION

Visit the Office for Product Safety and Standards (OPSS) section of the GOV.UK website for more information on product safety.

IN THIS UPDATE

No major changes.

Last reviewed / updated: January 2024

Key legislation

Please note

This information is intended for guidance; only the courts can give an authoritative interpretation of the law.

The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to legislation can be found on each link's 'More Resources' tab.

For further information in England and Wales contact the Citizens Advice consumer service on 0808 2231133. In Scotland contact Advice Direct Scotland on 0808 164 6000. Both provide free, confidential and impartial advice on consumer issues.