Toys & Product Safety

Jeremy has acted as a Trading Standards lawyer in cases where defective products have come to the attention of the Trading Standards. Product Recalls affect businesses of all sizes, from major international manufacturers to small importers of goods, often from China. Recalls are now routine in a number of areas including

• Food safety
• Electrical goods
• Toys
• Motor Vehicles
• Pharmaceuticals and medical devices

Recalls have to be planned in advance, so that goods that have been dispatched can be recalled before they reach the consumer, advertising published in cases where dangerous products have been identified and steps are taken to ensure that a returns policy and compensation can be put in place.

The General Product Safety Regulations 2005 introduce duties for the notification of unsafe products and guidance is now available on the BIS website, together with the European Commission good practice guide ‘Product Safety in Europe’. The Trading Standards institute has a web page where any trader can post their recall/safety notice.

The Trading Standards have powers to suspend the sale of dangerous products, but they rarely use these powers, as a successful appeal would result in a claim for damages for loss of profit if it transpires that the products are safe. It is often necessary to act immediately to test products such as electrical goods, that could cause substantial injury and damage.

Jeremy has advised as Trading Standards Lawyer in a number of cases concerning possible product recalls and also successfully represented toy companies where claims that wigs and masks, and Star Wars Light Sabres were unsafe were overturned. In one case damages for loss of profits of approximately £100,000 were recovered from the Trading Standards.

More companies are now taking advice on compliance in this area prior to any intervention from the Trading Standards, so as to prevent product recalls occurring. Jeremy works closely with process consultants who advise on modern manufacturing techniques which ‘design out’ potential problems.

For advice or an informal discussion on Trading Standards law issues call 0844 2722322.

Specialist Areas

Click on the following to read more information on Jeremy's specialist experience areas of practice within Trading Standards:

• Trading Standards Lawyer - Product Safety: Specialist Barrister advising on compliance and corrective action in Product Recalls. For more information on toy safety and product safety such as Toy Safety, Baby Products, Fireworks, Food Safety, Furniture / Fire and Wigs and Masks click here >
• Trading Standards Lawyer - Vehicles: Specialist lawyer for Segway, babywalkers, mini moto and more. For more information on trading standards for vehicles click here >