Products | UK Regulatory Outlook February 2025

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UK updates

Update on the Product Regulation and Metrology Bill 

The government has now submitted its amendments to the Product Regulation and Metrology Bill following the committee stage. Amendments include a provision allowing for parliamentary scrutiny when diverging or aligning with EU regulations, an amendment clarifying that intangible components of products include software, and introducing a review panel who would review regulations introduced under the act that align with foreign laws.  

The full list of amendments can be found here. These will be debated at the report stage, which had been scheduled for 26 February. 

New age verification rules for online retailers selling knives  

The Home Office is set to introduce new measures for online retailers selling knives which will require them to implement a two-step age verification process. Under the new rules, customers will be required to submit photo ID, as well as proof of address, at the point of sale and show their ID again when the product is delivered. Delivery drivers will not be allowed to leave a parcel containing a knife when no one is in and can only deliver the parcel to the same person who purchased it. The measures will be set out in the Crime and Policing Bill which is expected to be introduced to Parliament by spring. 

The government has also announced that increased penalties will be introduced for selling weapons to under 18s from 6 months to up to 2 years prison time, which the government's press release notes "could apply to an individual who has processed the sale or a CEO of the company". 

OPSS conduct review of the fire safety of domestic upholstered furniture 

The Office for Product Safety and Standards (OPSS) has published a policy paper on updating the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (FFRs). The government acknowledges that the FFRs are outdated and hinder innovation and the circular economy. The paper outlines the OPSS's plans for regulatory reform, coinciding with the Product Regulation and Metrology Bill. It highlights necessary changes, including defining responsibilities. These reforms would include clear duties for manufacturers, importers and suppliers; product compliance requirements such as support of the reduction of chemical flame retardants; information provision such as improving traceability information; re-upholstery and second-hand product regulations; better understanding of the implementation and enforcement of FRRs; and the introduction of a five-year review clause in new regulations. 

Immediate changes being introduced are: 

• The removal certain baby and children’s products from the scope of the FFRs to reduce exposure to CFRs.
• Eliminate the requirement for manufacturers to affix a display label to new products.
• Extend the time frame for commencing legal proceedings from six to 12 months. 

Guidance on implementing these changes will be published soon. 

New guidance for device manufacturers on forensic visibility  

The National Cyber Security Centre has published guidance on digital forensics and protective monitoring specifications for producers of network devices and appliances. The guidance, aimed at network defenders, also encourages device manufacturers to include the digital forensics set out in the guidance so network defences can more easily detect malicious activity.  See also Cyber Security. 

Reforms to the regime for regulating construction product safety

On 26 February, Angela Rayner announced the new green paper on reforms to the construction product safety regime. This consultation seeks comments on a range of proposals for reform, including proposals that address the Grenfell Inquiry's recommendations (see the Health and safety section for more). It also serves as the government's response to the Independent Review of Product Testing and Certification (the Morrell-Day Review).

The proposals include:

• A general safety requirement to capture the two-thirds of construction products that currently sit outside of the existing regulations.
• Making all manufacturers responsible for assessing safety risks before marketing them, with civil and criminal penalties for manufacturers who mislead buyers or neglect their responsibilities and improved legal routes for individuals to seek redress for defective products.
• Alignment with the revised European Union construction products regulation to ensure consistency and support trade.
• Requirements for clear, accessible labelling and product information, with a construction library to provide a central repository for vital product information and potentially digital product passports to provide information about products.
• Regular audits and inspections of third-party certification schemes by the national regulator to evaluate their adherence to the proposed standards.
• The regime will not be nationalised, as recommended by the inquiry, to avoid the government marking its own homework (see above).

Responses are sought by 21 May 2025. 

EU updates

European Commission's toolbox for safe and sustainable e-commerce 

On 5 February 2025, the European Commission published a toolbox outlining actions it intends to take to ensure safe and sustainable e-commerce. Some of the key measures are as follows: 

• Will remove the €150 duty exemption for direct-to-consumers imports and introduction of a simplified tariff treatment for low-value consignment, charging of an handling fee on e-commerce items, increased responsibilities for online marketplaces under the “Import One Stop Shop”.
• Confirms that the working plan under the Ecodesign for Sustainable Products Regulations, which will determine priority products to be regulated, which will include textiles, will be published  in April 2025.
• Commission intends to call on legislators to swiftly adopt the revised Waste Framework Directive which will introduce EPR for textiles and footwear (see the sustainable products section below for an update on this).
• Will propose a Circular Economy Act to further develop extended producer responsibility requirements (this was also set out in the competitiveness compass as outlined above).
• Will explore ways to ensure effective prohibition of the destruction of certain consumer products and application of related transparency obligations, also focusing on re-use or recycling of counterfeit goods.
• Will launch a Special Coordinated Activity on Safety of Products to improve cooperation between market surveillance authorities and customs, test agreed categories of products sold online, jointly assess risks, and identify appropriate measures.
• In the second quarter of 2025, the Consumer Safety network will carry out its first product sweep to check and enforce compliance of the products categories frequently sold online, focusing on the completeness of safety information in a product listing (including the details of the EU responsible person and on the detection of products already notified to the Safety Gate).
• Will prioritise the implementation of the Digital product Passport (DPP) and will also seek to propose re-using the DPP system in other policy areas, using it as an entry point for further product-specific information and documents such as conformity certificates.
• The Commission will provide market surveillance authorities with new AI-enabled web crawlers, noting that by mid-2025 another web crawler will be available for automated searches of potentially non-compliant products on online marketplaces. 

Evidently, the European Commission is taking significant steps to crack down on non-compliant products, and businesses operating within the EU should stay informed and prepared for these upcoming changes. 

Proposed EU AI Liability Directive to be withdrawn 

Please see Artificial Intelligence. 

Product sustainability

UK updates

UK deposit return scheme regulations and guidance  

The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025, which establish a deposit return scheme (DRS) in England and Northern Ireland, were made on the 23 January 2025 and came partially came into force on 24t January. They will come fully into force on 1 October 2027. 

The government has published new guidance on the DRS. The guidance outlines the drinks containers in scope of the scheme (single-use closed bottles and cans made from polyethylene terephthalate plastic, steel or aluminium that contains between 150 millilitres and 3 litres of liquid), the responsibilities of suppliers, producers and retailers, and information on the deposit management organisation (which will be appointed in April) and enforcement authorities. 

Businesses should review both the guidance and regulations to understand their obligations and what they should start to do to prepare.  

It has also been reported this month that Wales is still planning to go ahead with its own scheme, which will include glass. A date of when the Welsh DRS will commence has not been confirmed, but consultation is expected to launch over the summer. Those businesses operating in Wales should keep abreast of the developments with the Welsh DRS and engage with the government where appropriate.  

Digital waste tracking delayed to 2026  

The Department for Environment Food and Rural Affairs (Defra) has recently provided an update on its digital waste tracking (DWT) project, which aims to establish a single, centralised electronic system for tracking the amount and type of waste produced and its final destination. DWT will impact how businesses records and report their waste data. Originally, the scheme was due to come into effect this April. Defra has now confirmed that DWT will be in place from April 2026 in order to allow businesses enough time to prepare. 

Simpler recycling rules come into effect next month  

From 31 March 2025, the Separation of Waste (England) Regulations 2024 will start to apply and will legally require businesses and relevant non-domestic premises in England to separate their recyclable waste, with the exception of garden waste. Businesses will be required to separate their waste into three streams: dry recyclable materials (plastic, metal, glass, paper and card); food waste; and black bin waste (residual waste).

The Separation of Waste (England) Regulations 2025 were made on 10 February 2025 and introduce two exemptions to the requirement under the Environmental Protection Act 1990 (EPA 1990) for recyclable waste to be separately collected in order to be recycled or composted.  

The first exemption allows plastic, glass and metal recyclable waste streams to be collected together while paper and card must still be collected separately by default (unless another exemption applies). The second exemption allows micro-firm entities with fewer than 10 full-time equivalent employees to be exempted from the requirements in sections 45 AZA and 45EZB EPA 1990.  

Businesses need to ensure that they have implemented the necessary changes in all premises to ensure compliance with these new measures. See our previous Regulatory Outlook for more. 

EU updates

European Parliament and Council provisionally agree new rules on textile and food reduction

On 19 February 2025, the European Parliament and Council reached a provisional agreement to amend the waste framework directive, aiming to reduce textile and food waste across the EU.

Most notably, the agreement introduces harmonised rules on the extended producer responsibility of textile producers and fashion brands. This means that these businesses will be required to pay a fee to help with waste management costs, making them responsible for their waste in line with the "polluter pays" principle. Additionally, the provisional agreement allows Member States to modulate fees according to the longevity and durability of textile products in a bid to address fast-fashion practices by encouraging the production of longer-lasting items. The schemes are expected to be introduced 30 months after the entry into force of the directive. The amendment also sets specific targets for reducing food waste by 2030. 

The provisional agreement now needs to be endorsed by both the Council and Parliament. Once formally adopted, Member States will have up to 20 months to transpose the changes into national legislation.

It is crucial for businesses to stay informed about the progress of this amendment, the expected introduction timelines, and when they will be required to pay the relevant fees.

Competitiveness Compass for the EU  

On 5 February 2025, the European Commission published a communication on a "competitiveness compass" for the EU. The communication sets out proposals for the next five years of what the EU needs to do to "regain its competitiveness and secure its prosperity" and includes a measures that the Commission will be taking in relation to product sustainability. 

• Review of CBAM: In 2025, the Commission will explore extending Carbon Border Adjustment Mechanism (CBAM) scope and measures to address export impacts, applying the new definition of small mid-caps to reduce the number of smaller companies being caught.
• Revision of REACH Regulation: The regulation on REACH (registration, evaluation, authorisation and restriction of chemicals) aims to simplify and expedite decision-making on important hazards.
• Encouraging demand for low-carbon products: The aim is to achieve this through benchmarking, labelling, mandates, public procurement preferences or financial incentives.
• Chemicals Industry Package: To be published at the end of 2025, the package focuses on industry competitiveness, human health, environmental protection and critical chemical supply.
• Circular Economy Act proposal: Planned for 2026, the legislation aims to promote recycling, substitution of virgin materials and reduction of landfilling and incineration.
• Prohibition of destruction of certain consumer products: The exploration of effective prohibition and related transparency obligations will focus on the reuse or recycling of counterfeit goods.
• Platform for joint purchase of critical raw materials: This will aim to identify EU industry needs, aggregate demand, and coordinate joint purchases. 

Businesses should keep on top of these developments to assess the impact they may have on them.  

Sustainable Batteries Regulation guides on removing and replacing portable and LMT batteries  

The Sustainable Batteries Regulation introduces a provision on the removability and replaceability of portable batteries and light means of transport (LMT) batteries. From 18 February 2027, products with portable batteries must be designed so that the batteries are readily removable and replaceable by the end user during the product's lifetime. Some narrow exclusions apply for products designed for use in water and certain medical devices that can only be removed by an independent professional. 

The Commission has published guidelines to assist with the application of this provision, including the types of tools that fall within the category of "commercially available" to disassemble the product, information on independent professionals, and safety considerations that need be taken into account.  

While the provision does not take effect for another two years, businesses should start reviewing the design of their products and what changes need to be made in order to comply with this incoming requirement.  

EU Packaging and Packaging Waste Regulation enters into force 

The Packaging and Packaging Waste Regulation (PPWR) entered into force on 11 February 2025 and will apply from 12 August 2026. Article 67(5), however, which concerns an amendment to the directive on single-use plastics to ban polystyrene cups, will apply from 12 February 2029. The PPWR will introduce a requirement for all packaging placed on the EU market to be recyclable by 2030, plastic packaging to contain a minimum percentage of recycled content, PFAS (per- and polyfluoroalkyl substances) restrictions for food contact materials, and a harmonised labelling system for sorting and disposal of waste. See our Insight for more.  

The European Commission has also published a notice on the application of the PPWR in Northern Ireland under the Windsor Framework. The notice confirms that the PPWR will apply to Northern Ireland, except for the following provisions which fall outside the scope of the Windsor Framework: 

• Article 23 - Information obligations of packaging waste management operators.
• Articles 29-33 – provisions relating to reuse targets, refill obligations for the takeaway sector and reuse offer obligation for takeaway sector.
• Article 34 and Article 56(1)(b) – provisions in relation to plastic carrier bags.
• Articles 41-55 – provisions on extended producer responsibility, deposit return schemes, and recycling targets.
• Paragraphs 1(a), 1(c) and 6 of Article 56 – provisions relating to data required to be reported to the Commission.
• Articles 57 – provisions requiring member states to establish packaging databases.
• Article 63 – provision on green public procurement. 

Life sciences and healthcare  

MHRA launches refreshed UK-wide Innovative Licensing and Access Pathway 

The Medicines and Healthcare products Regulatory Agency (MHRA) launched its refreshed UK-wide Innovative Licensing and Access Pathway (ILAP) on 30 January 2025. The ILAP is a pre-market pathway for developers and is "to help get transformative new medicines to patients in the NHS in the shortest time possible." Changes to the ILAP include, among others, improved quality bespoke services through more selective entry and dialogue between the ILAP partner organisations and the developers, a single point of contact for each product, and predictable delivery timelines. 

The chief executive of the MHRA, Dr June Raine, said: "“This new ILAP is clearer, more streamlined and joined up than its predecessor, making the UK a more attractive place to develop and launch innovative products and, most importantly, helping to get transformative medicines to the patients who need them in the shortest possible time." She added that it "is a great example of how collaboration with our healthcare partners, industry and patients can help us refine and refresh our services and deliver world-leading services for the benefit of public health.” 

The ILAP is open to both commercial or non-commercial developers, whether UK based or global, and applications open in March 2025. Developers of innovative medicines should review the new ILAP and consider whether they wish to apply.