The appellant in the case of Hastings (Appellant) v Finsbury Orthopaedics Ltd and another (Respondents) (Scotland) [2022] UKSC 19, has failed to demonstrate to the UK Supreme Court (UKSC) that a prosthetic hip (manufactured by the respondents, each making separate parts) used in a metal-on-metal hip replacement was defective. Rather, the UKSC unanimously upheld the finding of the lower courts and concluded that the nature of the product meant that there could be no entitlement to an absolute level of safety.
The judgment is likely to be welcomed by those involved in the manufacture and distribution of medical devices and other health care products, as it continues the pragmatic approach of the UK courts in seeking to balance the need to achieve a high level of consumer protection against a robust assessment of the standards which the public can realistically expect manufacturers to achieve.

The Office for Product Safety and Standards (OPSS) published a report on 23 May 2022 which considered the impact of artificial intelligence (AI) on product safety.
The report provides a framework for considering the impact of AI consumer products on existing product safety and liability policy. This framework seeks to support the work of policymakers by highlighting the main considerations that should be taken into account when evaluating and developing product safety and liability policy for AI consumer products. No timeline is stated in the report for that evaluation/ development to take place, but the report makes clear the view that work is needed to ensure the UK’s product safety and liability regime can deal with AI developments.

The UK Office for Product Safety and Standards (OPSS) has published its response to the recent call for evidence on product safety in the UK (“Response”). In line with the government’s aim to capitalise on Brexit opportunities, the Response emphasises that the UK now has a genuine opportunity to “think boldly” about how to regulate product safety. One concern that is not addressed in detail in the Response is the risk that divergence from the EU product safety and regulatory regime could actually make the UK less attractive for business and in fact discourage innovation within the UK.

The European Commission, on 30 June 2021, proposed reforms to the General Product Safety Directive in the form of a Regulation, intended to safeguard consumers.

The European Commission, on 30 June 2021, proposed reforms to the General Product Safety Directive in the form of a Regulation, intended to safeguard consumers. The Proposal makes substantial amendments to the GPSD, which has been in place for the last 20 years, seeks to increase the protection offered to EU consumers in respect of products they purchase, both in store and online, whilst also addressing challenges posed by today’s modern world, which has been reshaped by digitalization and the COVID-19 pandemic.

In brief The UK government has set out its plans to explore changes to the UK’s product safety and product liability laws (Review). The Review, which has been commenced by the Office for Product Safety and Standards (OPSS, the UK government’s product safety body which was established in 2018) and…

On 24 December 2020, the UK Government reached an agreement with the EU on the highly anticipated Trade and Cooperation Agreement (TCA). The TCA was ratified by the UK Parliament on 30 December 2020 and will be applied provisionally in the EU from 1 January 2021, pending ratification by the EU Parliament in early 2021.

The TCA contains minimal provisions to enable the UK and EU to cooperate on the regulation of products placed on both markets and therefore most businesses will need to address EU and UK product compliance separately. 

As the effects of COVID-19 continue to be felt around the world, businesses continue to face significant levels of instability and uncertainty caused by weakened financial markets and disruption to supply chains, workplace operations and business pipelines. Such instability and uncertainty will result in a growth in the number and…

On 1 September 2020, the UK Government published new guidance on placing manufactured goods on the market in Great Britain from 1 January 2021. The full guidance issued by the Department for Business, Energy and Industrial Strategy can be viewed here. The guidance informs manufacturers, distributors and importers on their changing obligations…

As the effects of 2019 Novel Coronavirus (COVID-19) continue to be felt around the world, businesses face significant levels of instability and uncertainty caused by weakened financial markets and disruption to supply chains, workplace operations and business pipelines. It is almost certain that such instability and uncertainty will result in…