OPSS Enforcement Policy Update

OPSS have published an update to the policy setting out their approach to non-compliance by those that they regulate.

On 22 April 2024, the Office for Product Safety and Standards (OPSS) published an updated version of the OPSS Enforcement Policy, alongside an update to their guidance on enforcement actions and associated rights and enforcement actions.

As the national regulator for cosmetics, OPSS is responsible for market surveillance and enforcement, alongside Trading Standards.  OPSS is, therefore, required to take action over a product that does not comply with the UK Cosmetics Regulation (UKCR).  The UK Cosmetic Products Enforcement Regulations 2013 give the UK enforcement authorities the power to investigate and prosecute an alleged contravention of any obligations imposed by the UKCR.

The OPSS enforcement policy sets out the approach they take to deal with non-compliance by those that they regulate, and to potential product safety risks.  The policy sets the framework for competent authorities’ decision-making in relation to non-compliance and helps those affected by enforcement activities to understand how and why decisions are made.

Key changes included within the update to the policy are:

• inclusion of 'the environment', as well as people, to concerns where they may address potential impact;
• the way in which information may be shared with international regulators and relevant intergovernmental bodies, if a product presents a risk beyond the UK;
• the option to publish details of a particular enforcement action if it is considered to be in the public interest.

You can read the full Enforcement Policy here.