U.K. Recall Changes Unlikely to Occur Quickly

The U.K. government responses to a February report containing recalls recommendations suggest significant changes in the foreseeable future are unlikely. The establishment of a new public body has been ruled out due to concerns over funding, as has the reintroduction of a national injuries database. However the government committed to reviewing the existing guidance on recalls and setting-up a 'steering group' to monitor the response to the report.

It also signaled willingness to explore ways to share relevant information among organisations involved in recalls and supported creation of an online centralised resource for information on recalls by interested parties (e.g. consumer interest groups, safety organisations etc.) The government declined to comment on certain recommendations, pending the results of an ongoing review into Trading Standards.

The report (PSL, 2/22/16) indicated that the existing regulatory system in place is (in theory) sufficiently robust, but the enforcement and practical implementation of the regime is lacking. The report avoids laying blame on manufacturers/industry, generally recognised as being responsible operators. Instead it criticises the lack of coordination in providing publically available information for consumers, the lack of funding for enforcement by government agencies as a result of budget cuts and decentralised funding, and recognises the problems caused by rogue operators.

The call for action is aimed at a government/industry level to improve the effectiveness of the current regulatory regime and increase consumer awareness. The full report and government response is available at bit.ly/1or3uMg.

The recommendations made in the report included:

• Creation of an official national product safety agency or ‘centre of excellence’
• Creation of an official trusted website for business and the public
• Improvement of funding, training, resources and procedures for market surveillance
• Considering alternative funding solutions to improve the recall system
• More reliable, detailed guidance on product recalls
• ‘Mapping’ of organisations involved in product recall and better data & information sharing
• Re-introduction of a national injuries database
• Research into how to better reach consumers to improve interest and involvement in recalls.

Dispatch from the EU is a monthly feature provided exclusively for PSL subscribers by Hogan Lovells International LLP, www.hoganlovells.com. For further information about the above, contact Rod Freeman at rod.freeman@hoganlovells.com