Deckers v Up & Running: Court of Appeal gives welcome clarity on online sales restrictions in selective distribution agreements

We explore the decision, its legal context and its implications for selective distribution and online sales controls.
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AuthorsAllana EdwardsClaire Burrows
4 min read
Regulatory & Professional Conduct, Intellectual Property, Retail, Technology, Media & Telecoms

The UK’s Product Regulation and Metrology Act (the Act) is ushering in a new era for consumer protection and market oversight. While it came into force on 21 July 2025, it doesn’t impose immediate obligations — instead, it lays the foundations for significant regulatory change.
Here, Allana Edwards and Claire Burrows explore what businesses should be doing now and how we can help.
The Act is an enabling law, granting the Government broad powers to introduce secondary legislation that could reshape product safety regulation in the UK.
These powers allow the Secretary of State to:
This flexibility is designed to help the UK keep pace with innovation while ensuring that consumers are protected. Businesses should expect future legislation to closely reflect the EU’s General Product Safety Regulation (EU) 2023/988, which came into force in December 2024 and focuses heavily on online marketplaces.
The Act is divided into three main parts:
1. Product Regulation and Enforcement (Sections 1-4)
These provisions empower the Government to regulate product safety, performance and measurement accuracy. The scope includes both tangible goods (e.g., toys, cosmetics, electrical equipment) and intangible components (e.g., embedded software). Notably, installers are now explicitly included — meaning that manufacturers, distributors and installers may all face future compliance obligations.
2. Metrology (Sections 5-6)
These sections give the Government authority to standardise units of measurement and regulate product quantities, potentially affecting labelling, packaging and pricing.
3. Supplementary Provisions (Sections 7-16)
These include powers for regulators to share information, amend existing legislation and coordinate with devolved administrations.
One of the Act’s early priorities is the regulation of online marketplaces, which account for over 300,000 UK businesses and an estimated £490bn in turnover. As part of the Government’s Plan for Change, the aim is to ensure that online platforms meet the same safety standards as physical retailers.
This follows growing concerns over unsafe products, particularly lithium-ion batteries used in e-bikes and e-scooters. In 2024, the Office for Product Safety and Standards (OPSS) received 211 fire reports linked to these products, many traced to online purchases.
The Government has committed to introducing a “proportionate regulatory framework” for online marketplaces. While no timeline has been confirmed, businesses operating in this space should prepare for increased scrutiny.
The Act strengthens enforcement by allowing regulators to:
While Trading Standards will continue to lead most enforcement actions, the OPSS may take a more active role in high-risk or complex cases.
Although the Act doesn’t impose new rules yet, it signals a clear direction of travel. Businesses that prepare now will be best placed to adapt when secondary legislation is introduced and should act now to prepare for future changes.
While this should start with reviewing compliance frameworks — especially if you operate in e-commerce or manufacturing — businesses should also:
We’re closely tracking developments under the Product Regulation and Metrology Act. Our specialist regulatory team is here to help you understand your current and future obligations, navigate legislative updates, review and strengthen your compliance policies and engage with regulators and industry bodies.
Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing the contact form below.


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