Products | UK Regulatory Outlook July 2024

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General / digital products

Kings Speech 2024

On 17 July 2024, King Charles III outlined the government's plans for the new Parliamentary session in the King's Speech at the state opening of Parliament. Below are the legislative plans relevant to product regulation:

The Product Safety and Metrology Bill

The government has set out plans to introduce a Product Safety and Metrology Bill which will "preserve the UK’s status as a global leader in product regulation, supporting businesses and protecting consumers". One of the most notable aims of the bill is to allow updates to UK law to recognise new or updated EU product regulations where beneficial, while also enabling the UK to end recognition of EU regulations where advantageous.

The notes provided alongside the proposed bill recognise that the EU is reforming product safety regulations in line with technological developments, for example the new EU General Product Safety Regulation and the EU Product Liability Directive. This aspect of the bill illustrates the government's intention to facilitate easier alignment with the changes being introduced by EU regulations as well as allowing for necessary divergence, a move that is likely to be welcomed by businesses.

Other aspects of the bill include: responding to new product risks, such as those posed by AI and lithium-ion batteries; enhancing compliance and enforcement capabilities, including improved data sharing between regulators and market surveillance authorities; clarifying the responsibilities of those in the supply chain, including online marketplaces; and updating the legal metrology framework to ensure accuracy in weights and measures, supporting technological progress and net zero aims.

The bill will also address the divergence within the UK internal market caused by the Windsor Framework, granting the government powers to manage this divergence and adopt a UK-wide approach when beneficial.

This new bill is likely to have a significant impact on product regulation in the UK and businesses will need to keep abreast of developments concerning this legislation and how it will affect them.

The Tobacco and Vapes Bill

The Tobacco and Vapes Bill has been included following Labour's pledge in its manifesto to introduce it.

The bill will introduce a progressive smoking ban which will mean children born on or after 1 January 2009 will not be able to legally buy cigarettes. It will stop vapes and other consumer nicotine products from being deliberately branded and advertised to appeal to children and will provide ministers with powers to regulate the flavours, packaging, and display of vapes and other nicotine products. It will also give Trading Standards stronger enforcement powers to take action.

The aims of this bill appear to mirror what the previous government's proposed legislation had set out to do, but further information will need to be provided to determine the details and scope of this new legislation. 

Product sustainability

UK

Zero-waste economy set to be one of Defra's priorities

The Department for Environment, Food and Rural Affairs (Defra) has revealed five main policy priorities under the new Labour government. The Secretary of State for Environment, Food & Rural Affairs, Steve Reed, announced on X that one of his core priorities, among others, will be creating a roadmap to a zero-waste economy. While we await further details of what will fall within this priority, it is anticipated that this will include both the extended producer responsibility (EPR) for packaging waste and deposit return schemes (DRS).

With EPR due to come into effect next year and draft regulations previously published under the Conservative government, the new government will need to introduce draft legislation relatively quickly in order to allow time for businesses to prepare for the looming deadline.

Additionally, with the DRS being further pushed back to 2027 and businesses awaiting information on how the scheme will work in practice, we suspect that this is something the new secretary of state will include under this priority and hopefully provide further information on the future of DRS in the UK in due course.

Scotland pass Circular Economy Bill

Please see ESG.

EU

The Ecodesign for Sustainable Products Regulation published in the Official Journal

The Ecodesign for Sustainable Products Regulation was published in the Official Journal of the EU on 28 June 2024 and entered into force on 18 July 2024. It will apply from 24 months after its entry into force. See our May Regulatory Outlook for more on the regulation.

Right to Repair Directive published in the Official Journal

The Right to Repair Directive was published in the Official Journal of the EU on 10 July 2024 and will enter into force 20 days after this.

The "Right to Repair" Directive aims to promote sustainability by increasing the repair and reuse of defective products. It introduces obligations for producers to repair goods and amends consumer rights for defective products.

Member States will need to bring into force laws, regulations and administrative provisions to comply with the directive by 31 July 2026. See our previous Eating Compliance for Breakfast webinar recording and relevant slides on the directive.

Life Sciences and healthcare

UK

CMA publishes issues statement in its market investigation into veterinary services for household pets

The CMA has published the issues statement for its market investigation into veterinary services, which it opened in May 2024 (see our previous Regulatory Outlook).

The issues statement sets out the regulator's initial theories on what might be affecting competition, potential remedies it may consider if it finds that there is an adverse effect on competition, and how it intends to approach the investigation. This includes its theory that the regulatory framework is outdated and may no longer be fit for purpose.

The CMA notes that its concerns about weak competition and demand-side issues suggest a need to reassess the regulatory requirements and enforcement mechanisms for vets and veterinary nurses. Respondents to a consultation agreed on the need for reform and suggested areas for further exploration, including extending the regulator's statutory remit and allowing the prescription of human generic drugs when safe for animal welfare.

The statutory deadline for the investigation to conclude is 22 November 2025. Parties are invited to provide submissions commenting on the issues and possible remedies by 30 July 2024.