The GPSR sets unambiguously high expectations of public protection in its definition of a safe product (in Regulation 2) as one that “…does not present any risk, or only the minimum risk compatible with the product’s use, considered as acceptable and consistent with a high level of protection…”
Similarly, while the availability of safer products is not of itself sufficient grounds to consider less safe products as failing to meet this criterion, no mitigating consideration is suggested in respect of ‘reasonable’ practicability or price-benefit considerations. The only counterbalancing factor (against the minimum level of safety expected of a safe product) this definition requires to be taken into account is that it must be compatible with the product’s use.
