The Retailer Summer Edition 2021

THE RE TA I L ER

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NEWS FROM THE BRC

KEEPING IT SAFE: PRODUCT SAFETY

Adrian Simpson Policy Advisor, Retail Products British Retail Consortium

F ollowing several Government Office was created in 2018. Has the office made a difference and how can retailers avoid reputational damage? Back in the mid-2010s, two devastating inci- dents in West London were linked to faulty domestic appliances. Although none died in a Shepherds Bush fire in 2016, believed to have been caused by a faulty tumble dryer, 72 victims were not so fortunate the next year. In 2017, a malfunctioning fridge-freezer led to the Grenfell Fire. In between these events, consumer journalist Lynn Faulds Woods chaired an independent review into the UK’s consumer product recall systemwhichwas published in February 20161 . The central recommendation of this report was: “There is a need for the creation of an official national product safety agency or ‘centre of excellence’ to show leadership and coordinate the system, promoting, protecting, informing and empowering business and consumers” The London Fire Brigade were also active in campaigning for more work to be done on product safety and recalls2. As they said in 2017: “Nearly one fire a day in London involves white goods [..]. Between 2010 and 2016 there have been nine fire deaths and 298 injuries as a result of fires involving white goods in London” In January 2018 a newOffice for Product Safety and Standards (OPSS) was launched by the then Minister for Business Andrew Griffiths MP3: “The new Office for Product Safety and Standards will strengthen the UK’s already tough product safety regime and will allow consumers to continue to buy secure in the knowledge there is an effective system in place if products need to be repaired or replaced” high-profile product safety incidents, a new

Product Recalls Responsibility for placing safe products on the market goes across the supply chain and includes manufacturers, importers, distributors. Retailers are usually considered ‘distributors’, but some retailers are also manufacturers. Product recalls are generally well-known in the automotive and food industries but less so in the non-food sectors. Many retailers and manufacturers have had to undertake a recall at some point. A recall is defined as : “A measure aimed at achieving the return of a product other than a safe product, that has already been supplied or made available to consumers”5. In practice, this often takes the form of notices in-store or on when websites or affected con- sumers being contacted by a manufacturer or retailer. Most recalls are relatively minor and don’t involve publicity, but some recalls can become very high profile. In 2019Whirlpool announced a recall of 519,000 washing machines that could pose a fire risk. That recall came just five months after a recall of 800,000 tumble dryers. When retailers ormanufacturers become aware of potential safety issues, no matter howminor, swift, decisive action should be taken to protect consumers and your brand. The recall process can seem daunting but there is free guidance available to help deal with any corrective actions that retailers may need to take. As with many areas of compliance and regulation prevention is better than cure.

OPSS rolewas not just enforcing product safety of white goods. It would cover almost all con- sumer non-food goods such as toys, cosmetics, electronics. It would not cover medical devices, vehicles and workplace products as national regulators already exist. Up until then, product safety was mostly enforced by Local AuthorityTrading Standards Services (TSS). TSS is based in over 200 Local Authorities and each of those authorities is free to set their own priorities. As well as product safety TSS enforce several other consumer protection areas such as fair trading, prevention of underage sales and weights and measures. Local Authorities could also each decide their own budgets and resource levels for TSS, which could mean that product safety may not be a priority for a particular TSS4. The responsibilities imposed by the legisla - tion include duties for parties in the product supply chain to: • place only safe products on the market, supported by information on their correct use; • warn consumers about potential prod - uct-related risks; • monitor the safety of products; • inform the relevant Market Surveillance Authority (usually trading standards) if a safety issue is identified; • take effective corrective action where necessary.

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The CE Mark has been a familiar label on certain goods such as toys, electricals and medical devices for almost 40 years. It is the manufacturer’s declaration that the goods conform to the relevant safety and environmental standards. It doesn’t necessarily mean that a product is safe! From January 2022 the UKCA mark must be used in Great Britain. Special rules around the CE mark apply in Northern Ireland”.

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