Product liability and recall

Written by Andrew Martin

Key developments in 2025

As we predicted, 2025 has been the year of development for product regulation in the UK. This is a welcome advancement, particularly after the years of seemingly stagnant progress following the Office for Product Safety & Standards (OPSS) call for evidence published in 2021, and the ensuing Product Safety Review that took place in 2023.

The major development was the passing of the Product Regulation and Metrology Act 2025 (the Act), in July of this year. Whilst we predicted secondary legislation coming out in Autumn, we have not yet seen any new regulations under the Act.  As we explained in our review last year, this Act allows the UK to adopt EU standards on product safety, whilst maintaining flexibility to deviate from EU regulations when it is in the interests of UK businesses and/or consumers.

The act has a number of aims, all of which culminate in reducing and/or mitigating the risks presented by products to health, safety, domestic animals, property, and the environment. Certain products are excluded from regulation under this act, including food fertilisers, plants and animal-by-products, miliary equipment and most medicines and medical devices. The act also contains provisions in respect of data sharing and cost recovery as well as making provision for emergency situations.

Shortly following the enactment of the Act and in support of it, the OPSS published updated guidance on Product Safety. This guidance sets out the current product safety landscape, how the government intends to use its powers under the Act, as well as signposting key documents for policy makers.  

Whilst no new regulations have emerged, what has occurred, is that on 30 July 2025, the Law Commission announced its review of the UK's product liability regime, as set out in the Consumer Protection Act 1987.  The Law Commission confirmed that it has been nearly 40 years since the UK's product liability regime was introduced and, given the significant developments that have taken place in respect of digital products and emerging technology, this regime is now outdated. 

What to look out for in 2026

The Law Commission has confirmed that whilst substantive work on its review commenced in September 2025, it will have a formal public consultation of its proposals, which is due to take place in the second half of 2026. An initial scoping questionnaire has been published on their website to gather the information needed to inform their proposals, inviting stakeholders to provide their initial views. The questionnaire identifies potential reforms and what works well under the current regime and asks stakeholders to identify any concerns regarding the suggested reforms.

As well as the consultation, we are still expecting secondary legislation following on from the Act, with a specific focus on lithium-ion batteries and online marketplaces. As we indicated last year, lithium-ion batteries are a concern given the rise in injuries caused by defective products. In 2024 the British Safety Council confirmed that lithium-ion batteries are responsible for an estimated, 201 fires a year, with Aviva stating at the start of 2025, that 54% of businesses have experienced an incident linked to lithium-ion batteries. The Department for Business and Trade produced guidance on producing safe lithium-ion batteries in December 2024, citing at least 10 fatalities caused by fires started in e-bikes or scooters powered by them.

We await to see whether the outcome of this is that the UK will seek to follow in the footsteps of the EU's Product Liability Directive (the PLD), as well as how the insurance market will respond, given the potential for increased exposure under the PLD and the Act.