Product safety blog - General consumer product issues
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UK product safety update: two year extension given to businesses for GB specific product safety marking
The UK Government announced on 14 November 2022 that businesses would be given a further two years to apply the new UK Conformity Assessed (UKCA) product safety marking to their products. The UKCA mark is the UK equivalent of the European Union’s CE mark, which denotes compliance with mandatory applicable product regulations when applied to products.
Insurers face increased risk from evolving product safety laws
The EU's proposed General Product Safety Regulations aim to bring product safety regulation into the modern age but will introduce a more onerous and broader range of compliance obligations on insured businesses.
In Practice Series – How to mitigate the growing risk from consumer class actions and Collective Redress in Europe
In the last ten years there has been a significant growth in the use of collective redress or representative actions ('group litigation'), a legal mechanism which may stop or prevent unlawful business practices that affect multiple claimants or compensate them for harm caused by these practices, within the EU and UK.
In Practice Series - How to get ready for the new product liability laws in Europe
On 28 September 2022, the European Commission (EC) published its much-awaited proposals to significantly reform the EU Product Liability Directive (85/374/EEC) (PLD). The existing PLD came into force in July 1985 and has been the mainstay law governing redress for defective products across the EU. The legislation imposes a strict liability for defective products which have caused a loss to consumers.
Office for Product Safety and Standards: updated service standards
On 6 January 2022, the Office for Product Safety and Standards (OPSS) published their updated service standards, clarifying the enforcement role of the OPSS and how they regulate businesses producing and selling products in the UK.
Withdrawal of the UK’s National Measurement Office from the market
On 7 September 2021, the Office for Product Safety and Standards announced that the National Measurement Office would cease to be a Conformity Assessment Body in 2022. Historically, the NMO, which is part of OPSS, has provided product certification, quality management system certification, testing, calibration and training services in relation to metrology.
Proposed regulation of third party litigation funding by the EU
Unsafe products can lead to claims for reimbursement, compensation and/or other remedies. A rise in consumer led litigation and mass harm events, particularly in relation to consumer products, highlighted the need for EU consumers to have an effective mechanism by which they could bring group actions and enable access to justice.
House of Lords Select Committee publish report covering the regulation of online marketplaces
The House of Lords Communications and Digital Select Committee has recently published a report in response to an inquiry they launched in September 2021 into the effectiveness of digital regulation. The key recommendation that could impact product manufacturers and online platforms selling products concerns the current composition of regulators of online platforms.
EDPB’s consultation on personal data and letter on cookies could provide helpful clarity for online platforms
The recent European Data Protection Board plenary session held on 18 January 2022 saw the EDPB adopt two key points of importance for online platforms: (1) guidelines on the right of access for data subjects; and (2) a letter in response to concerns surrounding cookie consent requirements.
UK product safety review: response to government’s Call for Evidence
On 11 March 2021, the Office for Product Safety and Standards opened a consultation via its UK Product Safety Review, exploring changes to existing product safety laws to ensure the framework is fit for the future.