UK to modernize 30-year-old product safety laws for the 21st century, seeks industry response

04 Aug 2023 --- The UK’s Office for Product Safety and Standards (OPSS) has opened a safety consultation for modernizing product safety laws to “ensure they are fit for the digital age.” The government is “set to overhaul” the rules, including the Cosmetics Regulation, so it can regulate emerging technologies and new shopping habits.

“The UK Government launched a call for evidence in 2021 called the Product Safety Review, in which the OPSS was looking for information on how well the product safety legislation in general worked for consumers, businesses and enforcement authorities,” Nico Shaw Núñez, head of international growth and regulatory services at CTPA (Cosmetic Toiletry and Perfumery Association), tells Personal Care Insights.

“CTPA understands the current consultation will gather views on how the safety regulatory frameworks could be improved and future-proofed if necessary.”

Specifically, the Department for Business and Trade (DBT), which OPSS is a part of, seeks opinions from consumers, businesses and authorities on the consultation.

New safety regime
The proposal aims to address five main points, one of which is for OPSS to improve its leadership and coordination.

The update aims to create a new era where businesses have obligations that are proportionate to their products that may be hazardous.The update aims to address five main points.

DBT also seeks to “enable a more agile and responsive regulatory framework” by balancing regulations and industry-led standards. This is expected to allow greater scope for innovating safe products for businesses.

By updating product safety laws, the department wants a regime that “uses digital solutions, such as voluntary e-labeling, to reduce business costs and explore how digital options can be utilized to reduce burdens.”

Lastly, the update aims to create a fairer playing field so that online shopping is as safe as it is on the streets. Thus, it will address concerns about unsafe products sold online.

Impacts on the cosmetics industry
Shaw Núñez says that CTPA is vocal about maintaining specific and strict safety legislation for cosmetics and the need for certainty for cosmetics businesses. “CTPA intends to contribute to the consultation with the views of the UK cosmetics industry.”

“Prior to the launch of the consultation, CTPA wrote to the Secretary of State for the DBT requesting reassurance that the principles included in the UK Cosmetics Regulation would not be undermined and that the UK cosmetics industry can continue to operate under an internationally recognized safety framework,” he assures.

“One of the possible outcomes could provide the industry with an updated framework that will ensure continuity moving through a digital era. However, there is also the risk that consumers may not have the same level of trust in any new framework as they have in the current strict safety legislation,” he speculates.

In addition, Shaw Núñez underscores that the consultation will determine the future of the legislation for cosmetic products. “Therefore, it is important that companies, inside and outside of CTPA’s membership, take the time to read, understand and respond to the consultation.”

Possible chaos?
On asking whether the changes to the rules will lead to disorganization and confusion, Shaw Núñez says that the UK government “will no doubt” account for how changes are adopted, ensuring sufficient time is given to the industry while being transparent and communicating the updates through the process.Shaw Núñez says that the UK government “will no doubt” account for time-efficient adoption of changes.

“Businesses operate best in an environment that offers certainty. While no actual legislative changes have been proposed yet, the consultation itself has created the expectation of change and brings uncertainty to businesses still recovering from the efforts required to navigate the legal changes brought through the Brexit transition,” he continues.

“However, we cannot anticipate the UK Government’s conclusions from the consultation process.”

Furthering UK’s independence
Commenting on whether this aligns with EU safety regulations, Shaw Núñez states: “The UK can make its own decisions when it comes to ensuring consumers are protected, whether on ingredients, products or through the regulatory framework in place in the UK.”

“CTPA recognizes the importance of the principle of autonomy now that we are a third country to the EU. However, the EU is an essential trading partner for UK cosmetics companies, and we, therefore, we need to ensure that we maintain compatibility with EU regulations and other international markets, to ensure that UK businesses can continue to trade smoothly,” he adds.

Though the updates may not fully align with the EU, it does not mean the introduction of trade barriers, Shaw Núñez clarifies. “Compatibility allows UK companies to export to the EU and other markets without adopting the same approach.”

By Venya Patel

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