Pollutants, Protocols, and Perspective: Expert Insight in Retail Product Disputes

Brief

A consumer electronics retailer faced an investigation by an Environmental Regulator for potential breaches of the Persistent Organic Pollutants Regulations 2007. The inquiry centred on the presence of toxic contaminants in several imported products, with reported concentrations allegedly exceeding legal limits. These contaminants were known for their environmental persistence and toxicity, raising concerns about compliance and reputational risk.

What we did

To help the client navigate this complex regulatory challenge, HKA was appointed to provide independent expert analysis. Our specialist reviewed laboratory testing conducted by multiple parties, including the product manufacturers in Asia, the retailer, and the Environmental Regulator, dating back to 2021.

Our investigation revealed significant inconsistencies in the reported results, mainly due to variations in laboratory methodologies and a lack of standardised testing protocols. Differences in instrument sensitivity, analytical techniques, and data interpretation contributed to conflicting findings.

Beyond the technical review, HKA assessed the potential environmental impact of the pollutants found in the products. We provided the client with a clear, evidence-based perspective, demonstrating that while elevated concentrations had been reported, the absence of harmonised global testing standards played a major role in the discrepancies. Crucially, our analysis indicated that the levels of the pollutants present were unlikely to pose a meaningful environmental risk

Outcomes

This insight helped our client engage confidently with regulators and stakeholders, supported by a robust understanding of the scientific and regulatory context.