Product liability - market insights April 2025

This article was co-authored by Eleanor Sinnerton, Trainee Solicitor.

New EU Product Liability Directive in force

The EU Product Liability Directive entered into force on 8 December 2024. Member States have until 7 December 2026 to implement the new Directive into their national laws. This is expected to increase claims risk, including risk of class actions in the years ahead. 

EU General Product Safety Regulation

The General Product Safety Regulation 2023/988 (EU GPSR), which replaces the existing product safety framework under the EU General Product Safety Regulation, became effective on 13 December 2024. The EU GPSR modernises the existing regime to account for new product safety risks (such as AI and digital technologies) and changes to the market such as online marketplace sales. It imposes a general obligation on businesses to only place ‘safe products’ on the market as well as introducing other new product safety requirements.

Businesses that fall within scope of EU GPSR should already be complying with the new regime when placing consumer products on the EU market.

EU Product Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (PPWR)

The PPWR entered into force on 11 February 2025 and will become applicable from August 2026. The new regulations aim to minimise the quantities of packaging and waste generated whilst decreasing the use of primary raw materials and fostering the transition to a more sustainable, circular economy. The new rules introduce significant new obligations, including restrictions on certain single-use plastics and minimising substances of concern, including restrictions on packaging containing per-and-polyfluorinated alkyl substances. 

Product Regulation and Metrology Bill

This Bill has passed all initial stages in the House of Lords and currently awaits second reading in the House of Commons.  

The Bill, which was introduced to Parliament on 4 September 2024, is enabling legislation and empowers the Secretary of State to enact replace, amend or update UK product safety legislation. 

The Bill aims to ensure that the UK Government is able to adopt EU product safety laws and standards as required, particularly in relation to new technologies and products which give rise to unique safety challenges such as AI and lithium-ion batteries. It also aims to ensure that the UK can diverge from EU laws where it is beneficial for businesses and consumers to do so.

The Bill also aims to provide greater enforcement powers for the Office for Product Safety & Standards (the product safety regulation) for monitoring compliance (and mitigating non-compliance) with product regulations.

Lithium-ion Battery Safety Bill

This Private Member’s Bill sponsored by Lord Redesdale commenced in the House of Lords on 29 July 2024 and currently awaits a date for Committee Stage. Due to a lack of Parliamentary time and Government backing, this Bill is expected to make little progress towards becoming an Act of Parliament. The purpose of this Bill is to protect householders and communities from the dangers of lithium-ion batteries in the UK by providing regulation in relation to their safe storage, use and disposal, particularly in relation to their use in electric scooters and e-bikes. 

Given that the Product Safety and Metrology Bill also aims to address the fire risks associated with electric scooters and e-bikes, it is possible there may be interaction between these two draft Bills in due course.

Tobacco and Vapes Bill

The Tobacco and Vapes Bill, reintroduced by the Labour government on 5 November 2024 is currently making its way through the House of Commons, and will come into force on 1 January 2027. It aims to reduce the appeal of vaping and many other consumer nicotine products to young people, as well as gradually phasing out the sale of tobacco products. It will also strengthen enforcement activity so as to prevent underage sales of tobacco and vapes.

Its proposals include:

• Raising the age of sale for all tobacco products and herbal smoking products by one year, from 2027 onwards, so that tobacco can never be sold legally to anyone born on or after 1 January 2009.
• Extending current age restrictions to non-nicotine containing vapes, making it illegal to sell or provide any vaping product to individuals under 18.
• Limiting the appeal of all vaping products to children by regulating flavours, descriptions, packaging and point of sale displays.
• Allowing Fixed Penalty Notices to be issued by enforcement agencies to crack down on offences such as underage sales.

Compliance with the new rules, once in force, will likely increase costs for manufacturers and suppliers, with a risk that these costs could be passed on to the consumer, ultimately.