Last updated: 16 January 2026
In 2024, the UK began reforming its product safety regime by introducing the Product Regulation and Metrology Act 2025, which became law on 21 July 2025.
The act does not include specific proposals for reform of the strict product liability regime in the UK, which remains based on the EU Product Liability Directive (85/374/EEC), as implemented through the Consumer Protection Act 1987. However, the UK government has now begun the process of updating its product liability regime. This is particularly relevant in light of the EU’s adoption of the new Product Liability Directive 2024/2853 in late 2024, which will take effect in 2026.
On 31 July 2025, the Law Commission launched a review of the UK’s product liability regime. The Law Commission confirmed that key drivers of the review included the fact that the current regime has not kept pace with the emergence of new digital technologies and the ways in which products are supplied to consumers (particularly in relation to the increasing use of online platforms by consumers). At the same time, the Law Commission expressed concerns that it is too difficult for consumers to obtain compensation if they suffer damages caused by a defective product.
In December 2025, the Law Commission published terms of reference for its review of the UK’s product liability regime. The terms of reference provide useful clues regarding the direction that any updated product liability regime may take and sets out that the Law Commission will consider the following issues:
- Whether the definition of “product” needs to be reformed to accommodate the intangibility of digital technologies (such as software), and whether reforms are required to reflect the situation in which a product has been modified by either its producer or a third party
- Whether the definition of “defect” needs to be reformed to account for difficulties claimants face in establishing that a “product” is defective, and to account for the nature of emerging technologies, including AI
- Whether the product liability regime can be better achieved by reforming the definition of “producer” and the range of economic operators who may be held liable
- Whether the definition of “damage” needs to be reformed to account for types of harm caused by emerging technologies, such as AI (with the Law Commission considering whether the meaning of “damage” should be extended to include data destruction or corruption)
It is evident from the above that the terms of reference have been heavily informed by the recent overhaul of the product liability regime in the EU via the Product Liability Directive 2024/2853. However, there are no guarantees that any amendments to the UK regime will mirror the changes adopted for the EU.
The Law Commission has stated that it will conduct a formal public consultation on its proposals for reform during the second half of 2026. This is expected to be followed by a report with recommendations to the government (likely to be in late 2026 or early 2027). Businesses should continue to monitor the progress of the product liability reform to ensure they are prepared for any future changes to the regime in the UK.
