UK government to overhaul the product safety regulatory framework

The UK government has published three consultations under the Product Regulation and Metrology Act 2025, proposing the most significant overhaul of UK product safety law in 20 years.

The existing General Product Safety Regulations 2005 (GPSR 2005) are two decades old and have been stretched to their limit by the growth of e-commerce and the emergence of new product risks. The GPSR 2005 shares its origins with the EU's General Product Safety Directive 2001. That directive was replaced by the EU General Product Safety Regulation (EU GPSR), which came into force across EU Member States in December 2024, leaving the UK increasingly out of step with its closest trading partners. 

The Product Regulation and Metrology Act 2025 provides the foundation for three linked consultations published by the UK government on 31 March 2026, that together are intended to  modernise the product safety regime in the UK. All three consultations close on 23 June 2026.

First consultation: new product safety framework

The government proposes a new product safety framework broadly aligned with EU GPSR, but with deliberate UK-specific divergences. The main proposals are as follows:

Wider scope 

The framework will extend the scope of the current regime, and go beyond the EU GPSR, by no longer distinguishing between consumer and non-consumer products.

The proposals for principles-based responsibilities also signal a longer-term shift, focusing on risk on a case-by-case basis rather than by product category. 

A simplified supply chain model

Duties would fall into three categories: producers, onward suppliers and online marketplaces; simplifying the five-category model adopted by the EU.

The "producer" category broadly mirrors the existing GPSR 2005 definition, and "onward suppliers" are expected to use the same definition as a distributor under that legislation. Online marketplaces will be established as a regulated economic operator with their own obligations.

New duties for online marketplaces

Online marketplaces are subject to a proposed duty to act with due care to prevent, identify and remove dangerous products listed on their platforms. The government also proposes a due diligence duty to identify and act against repeat bad actors. Online marketplaces would also be required to verify seller contact details, to ensure they are correct and up to date. 

Responsible persons

Rather than requiring a UK-based responsible person for all products (unlike the EU GPSR, which requires a responsible person within the EU/EEA for all products sold there ), the government proposes that this obligation would apply only to designated high-risk product categories, particularly where many non-compliant goods enter the UK market from abroad.

Digital labelling

The government proposes allowing product labelling and product information to be "digital by default", only requiring physical labelling by exception or on demand.

Producer details, safety information and warnings could be delivered digitally, for example via a QR code, provided the information remains accessible for the expected lifetime of the product. The EU GPSR does not permit digital labelling, so products sold in Northern Ireland will still require physical labels.

Modernised safety assessments

The proposed considerations for assessing safety in the new framework are aligned to the existing requirements of the EU GPSR, notably expanding on the GPSR 2005 with the inclusion of cybersecurity, AI and machine learning as key considerations when determining that a product is "safe".

Second consultation: sharper enforcement tools

The second consultation addresses how the new product safety rules will be enforced. The government proposes a single enforcement toolkit, which looks similar to the options made available to the Competition and Markets Authority and other regulators in recent years.

Civil monetary penalties 

Criminal prosecution is currently the primary enforcement mechanism. 

The government proposes monetary penalties as an alternative or complementary mechanism, including fixed penalties for straightforward breaches, variable penalties reflecting the gravity of the breach and escalating penalties for persistent non-compliance. It is suggested that this would offer greater flexibility and in some cases provide a more proportionate route to resolving compliance issues.

Enforcement undertakings

A business that acknowledges a compliance issue may be able to offer an undertaking to take corrective action by a specified deadline. If accepted, no further enforcement action or prosecution would follow, provided the agreed steps are taken.

Undertakings are used in other consumer protection enforcement, and in a product regulation context may be seen as more appropriate for less serious breaches, such as labelling issues, particularly where offered at an early stage.

Precautionary measures

The framework may establish a process by which the secretary of state is able to implement a temporary precautionary measure: restricting the supply, sale, or online listing of a product where there is reason to believe that it could pose a serious risk to consumers, while working with the producer to better understand the potential for long-term harm.

Online and international supply chains

The government is considering whether to require online marketplaces with high UK sales volumes or persistent non-compliance to maintain a UK presence, and whether a direct enforcement power against online actors is needed where other means of enforcement have been exhausted.

Cost recovery

The proposals include a cost recovery mechanism that would enable relevant authorities to recover costs of regulatory intervention from businesses whose actions require significant enforcement activity.

Third consultation: replacing the flame test

The third consultation proposes a reform of the Furniture and Furnishings (Fire) (Safety) Regulations 1988. The regulations have long been criticised as out of step with modern product safety approaches and as a barrier to the circular economy.

The proposal is a shift away from open-flame testing to a smoulder test standard, consistent with approaches commonly used in the EU and the United States. This would facilitate a reduction in chemical flame retardants, which have been linked to cancer, neurotoxicity and endocrine disruption, and which inhibit recycling and reuse. Reupholstery and second-hand furniture are proposed to be taken out of scope to reduce the regulatory burden on small businesses.

What this means for business

The proposed changes will affect businesses throughout the product supply chain: manufacturers, importers, distributors, online marketplaces and specialist sectors such as furniture. Businesses should consider the following steps:

• Respond to the consultations before 23 June 2026. Businesses with concerns about specific proposals, whether on scope, the responsible person requirement, online marketplace obligations, the enforcement toolkit or the furniture fire safety changes, should consider submitting a response.
• Review online marketplace compliance processes. Businesses operating online marketplaces should review product listing procedures, seller verification practices and consumer reporting channels against the proposed due care and due diligence obligations.
• Determine whether they are caught by the expanded scope. Those that supply equipment to other businesses may find that the product regulatory framework could apply to them for the first time. A scoping exercise now will help businesses understand what changes to existing compliance programmes may be needed once the proposals are finalised.
• Review labelling approach. The proposed "digital by default" labelling regime will not apply in Northern Ireland, where the EU GPSR continues to require physical labels. Businesses operating across both markets will need to manage that divergence carefully.
• Engage with the proposed shift to smoulder testing. Businesses should consider whether their current furniture product formulations and testing arrangements would meet the new standard, and whether the proposed exclusions for re-upholstery and second-hand goods affect their business models.

Osborne Clarke comment

These consultations represent a major restructuring of the UK product safety regime. The consolidation of overlapping legislation, the introduction of civil monetary penalties and the formal recognition of online marketplace obligations are significant reforms that will fundamentally alter the regulatory framework and its impact on businesses.

The consultation period is the time to influence those outcomes. If you would like to discuss what these proposals mean for your business or supply chain, or if you are considering responding to any of the three consultations, please get in touch.