Consumer Protection Act – Product Safety and Price Indications

Product Safety

Part 2 of the Consumer Protection Act 1987 established the general safety requirements when concerned with products. This part of the Consumer Protection Act has now however been developed further by the General Product Safety Regulations 2005.

General Product Safety Regulations 2005

Definition of Product

Under the General Product Safety Regulations 2005 a product is defined as something which is intended for consumers or is reasonably foreseeable to be used by consumers even if it is not intended for them.

This is a wide definition of product and effectively covers all consumer goods such as food and goods used in the work place.

It does not cover equipment used by service providers to provide a service for specific consumers, for example equipment on which consumers ride or travel on which is operated by a service provider.

Definition of Producer

When established in a European Union Member State

Under the General Product Safety Regulations 2005 a producer is defined as the following:

The manufacturer of a product,

any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product;

When the manufacturer is not established in a European Union Member State

Under the General Product Safety Regulations 2005 a producer who is not established in a European Union Member State will be considered a producer:

  • if he has a representative established in a Member State or

  • if he imports the product into a Member State

Individuals who have not produced the Product but who are involved in the supply chain

Other professionals in the supply chain, insofar as their activities may affect the safety properties of a product will be considered a producer under the General Product Safety Regulations 2005.

Other professionals within the supply whose activities are not involved in the safety properties of the product will be considered distributors under the regulations. This is a key distinction in relation to the obligations set out in the Regulations.

Obligations

The General Product Safety Regulations specify obligations by which the producers and distributors of the products must adhere to. The obligations are as follows:

  • General Safety requirement – Producers

  • Requirements in relation to information – Producers

  • Requirements in relation to monitoring – Producers

  • Compliance with safety requirements – Distributors

  • Obligations in relation to enforcement authorities – Producers and Distributors

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For more information on:

  • General Safety
  • Information
  • Monitoring
  • Compliance with safety requirements
  • Enforcement Authorities
  • Are there any available defences?
  • Price Indications
  • Consumer Protection Act 1987
  • Misleading Price Indications
  • Criminal Convictions