The Office for Product Safety and Standards is the United Kingdom’s national regulator for consumer product safety. Its role has expanded steadily since its establishment in 2018, and it now plays a central part in monitoring, investigating and enforcing compliance with product-related regulation across the UK market. For businesses involved in manufacturing, importing, or retailing, contact with the OPSS is not uncommon. When it happens, the right legal guidance can make a decisive difference in managing the process and protecting your position, especially if you are subject to an OPSS investigation.
Who does the OPSS regulate?
The OPSS has jurisdiction over virtually every actor in the consumer goods supply chain. This includes manufacturers, distributors, retailers, online platforms, and importers. While local Trading Standards departments remain active in frontline enforcement, the OPSS takes the lead where cases involve national interest, cross border dimensions, emerging product risks or broader policy considerations.
Of particular importance in the present day is the fact that online marketplace sellers who sell via platforms such as Amazon, eBay and Etsy may be treated as importers or distributors and held responsible for compliance even if they do not manufacture or import directly.
While local Trading Standards authorities retain frontline responsibility for most consumer goods enforcement, the OPSS acts as the national oversight body. It may take the lead where matters are complex, cross-border, involve emerging risks, or raise policy significance.
The Legal Framework
The OPSS enforces a range of product safety and compliance regulations, including:
- The General Product Safety Regulations 2005
- Electrical Equipment Safety Regulations 2016
- Toys Safety Regulations 2011
- Personal Protective Equipment Regulations 2018
- UKCA marking and conformity assessment requirements
- Energy labelling and eco-design rules for relevant product categories
- Environmental and resource efficiency rules for manufactured goods
Our team can advise on whether your product is within scope and what duties apply to you in law.
How the OPSS Operates
An investigation by the OPSS often begins quietly. It may start with a simple request for information or a test purchase carried out under assumed identity. These initial steps are designed to assess whether a product complies with legal requirements. If concerns arise, the regulator can escalate its intervention swiftly and without further notice.
Businesses may be asked to provide full compliance documentation, technical files, labelling information or correspondence with suppliers. Where the matter is more serious, the OPSS may request that directors or senior staff attend an interview under caution, which is a formal process with potential criminal consequences. In some cases, the regulator will issue a suspension notice or order that a product be withdrawn from the market entirely. Civil financial penalties may follow, and in more serious or persistent breaches, criminal prosecution is a real possibility.
The OPSS also works in cooperation with other agencies, including Trading Standards, Border Force and international regulatory authorities. The scope of an investigation can therefore expand quickly and may involve reputational, commercial and cross border implications.
What to Do If You Are Under Investigation
If you or your business receives correspondence or a visit from the OPSS, it is important to respond promptly and carefully. Key steps include:
- Engage legal advice early – Investigations may carry both reputational and legal risk. Early advice can shape the response strategy and avoid unnecessary admissions.
- Preserve and review documentation – Ensure relevant compliance documentation, internal assessments, and supplier certifications are collated and reviewed.
- Prepare for interview – Where interviews under caution are proposed, legal representation should always be present. These are formal interviews with potential criminal implications.
- Consider proactive remedies – In some cases, offering voluntary corrective action or additional testing may assist in mitigating enforcement action.
- Maintain clear lines of communication – A cooperative but carefully managed dialogue with the regulator is in the business’s best interest.
How We Can Help
Regulatory investigations move quickly. So must your response. We support clients at every stage of engagement with the Office for Product Safety and Standards, providing clear, strategic advice from the outset.
We help assess the scope and seriousness of the investigation, advise on your legal obligations, and manage communications with the regulator. We assist in preparing and reviewing documentary responses, including technical files, testing records and internal correspondence. Where interviews under caution are proposed, we ensure you are fully advised and represented, both in advance and during the interview itself.
It must be said that no two investigations are the same. If you are under investigation or have received contact from the OPSS, contact our team and we will provide tailored advice based on the specific facts of your case and the regulator’s approach.
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