The UK's new Product Regulation and Metrology Act 2025 becomes law: overview and next steps

As we noted in a previous Fieldfisher Insight, the full ramifications of the Act will only become apparent once secondary legislation is drafted.  This is because the Act serves as an enabling law, granting the Government broad powers to amend and update product safety rules via future legislative measures. 

Key provisions

The Act provides that the Secretary of State may introduce new rules to target the reduction or mitigation of risks presented by products, ensure that products operate efficiently or effectively and ensure that products designed for weighing or measuring operate accurately

The Act allows for obligations to be imposed on a range of actors in product supply chains, including manufacturers, importers, distributors, installers, certification or verification bodies and the operators of online marketplaces.

The Act applies to a broad range of products including consumer products and toys, but certain categories of products, including food and medicines and medical devices, are excluded.  Interestingly, the definition of 'product' in the Act still only refers to 'tangible' items, although the Act also contemplates software being an 'intangible' component of a product.

One of the most significant elements of the Act is the establishment of a framework for potential alignment with EU product and product-related environmental standards, provided this is seen to be advantageous to the UK.   During the legislative process, the Government had to deny that the Act would be a step towards the EU rejoining the EU 'by the backdoor'.   Instead, the Act, once enacted, would, in the Government's view, enable the UK to choose as to whether it is in its interest for product laws to take the same approach as has been adopted in the EU (or even to diverge further).  It is difficult to see this as anything other than a sensible and pragmatic approach.   

Next steps

The Government has indicated that secondary legislation will be introduced to provide further details on proposed new substantive requirements, particularly (and as expected given previous statements) concerning online marketplaces and the sale of unsafe products such as e-bikes and e-scooters using lithium-ion batteries.  In this regard, the Government has stated that it will create a 'proportionate' regulatory framework where online marketplaces are expected to:

• prevent unsafe products from being made available to consumers;
• ensure that sellers operating on their platform comply with product safety obligations;
• provide relevant information to consumers; and
• and cooperate closely with regulators. 

Beyond this, the Act will be used as the legal basis for other reforms.   The Code of Conduct notes that the Government has put forward the following, amongst other things, as areas for potential reform or review:

• the regulation of higher risk product sectors;
• digital labelling;
• technological change such as automation of machinery, 3D printing, augmented reality;
• civil monetary penalties;
• information sharing; and
• recovery of enforcement costs by local authorities.

Our comments

The full ramifications of the Act will only become apparent once secondary legislation is drafted and implemented.  Any new measures will be subject to consultation (both with the public and the UK's devolved administrations).  Potentially affected business should continue to monitor developments. 

Until any new requirements take effect, existing laws such as the generally-applicable General Product Safety Regulations 2005 (augmented by guidance such as PAS 7100:2022 and PAS 7050:2022) and sector-specific requirements such as The Toys (Safety) Regulations 2011 will still apply.  Relevant EU requirements, such as the General Product Safety Regulation, will also apply in Northern Ireland. 

Please contact Aonghus Heatley if you would like to discuss any of the issues covered in this blog.