One of the most common — and most dangerous — misunderstandings in aerosol manufacturing is who carries legal responsibility when something goes wrong.
Many brands assume responsibility sits with the contract manufacturer. Some manufacturers assume liability ends at filling. In reality, UK law takes a far more structured — and unforgiving — view.
This article explains exactly who is legally responsible at each stage of aerosol manufacturing in the UK, how liability is shared, where it cannot be transferred, and how businesses can protect themselves through clarity, documentation, and process.
Why Legal Responsibility in Aerosol Manufacturing Is Complex
Aerosols are not ordinary consumer products. They combine:
- Pressurised containers
- Chemical substances
- Potential flammability
- Consumer and workplace safety risk
As a result, responsibility is governed by multiple overlapping legal frameworks, not a single contract or agreement.
UK regulators focus on who placed the product on the market, not who signed which commercial document.
The Legal Concept of the “Responsible Person”
Under UK product safety and chemical legislation, the “responsible person” is the individual or business whose name appears on the product and who makes it available on the UK market.
This role carries non-delegable legal obligations.
If your brand name is on the can, you are the responsible person — even if you never physically manufacture the product.
Manufacturer Responsibilities in Aerosol Production
The aerosol manufacturer is legally responsible for how the product is made.
This includes:
- Safe filling and pressurisation
- Compliance with Aerosol Dispensers Regulations
- Container integrity and burst testing
- Valve, actuator, and crimping accuracy
- Batch traceability and retention samples
If a failure occurs due to:
- Incorrect filling pressure
- Container weakness
- Valve malfunction
The manufacturer may be directly liable.
Manufacturers such as Hydrokem therefore operate under strict quality, testing, and documentation controls to manage this risk.
Brand Owner Responsibilities (Often Underestimated)
The brand owner’s responsibilities are broader — and often more exposed.
Brand owners are legally responsible for:
- Ingredient legality under UK REACH
- Product claims and marketing language
- Label accuracy (ADR + CLP)
- Sector-specific compliance (cosmetics, medical, biocides)
- Post-market surveillance and complaints handling
If a claim is misleading, an ingredient is restricted, or a label is incorrect, liability sits with the brand owner, regardless of who manufactured the product.
Why Contracts Do Not Override Statutory Law
A critical point many businesses misunderstand:
"You cannot contract your way out of legal responsibility."
Manufacturing agreements can allocate commercial risk, but they do not override statutory obligations under UK law.
Regulators will always assess:
- Who placed the product on the market
- Who controlled formulation decisions
- Who approved labels and claims
Contracts are reviewed after liability is established — not before.
Shared Liability: How Enforcement Works in Practice
In real enforcement cases, regulators rarely pursue only one party.
Typically:
- Both manufacturer and brand owner are investigated
- Documentation from both sides is examined
- Gaps in communication increase exposure
If responsibility boundaries are unclear, both parties may face enforcement action, even if the fault appears to originate on one side.
Private Label Aerosols: Common Myths vs Reality
Private label manufacturing does not reduce legal responsibility.
What it does:
- Shifts operational risk
- Requires stronger documentation
- Demands clearer role definition
What it does not do:
- Transfer brand owner responsibility
- Remove compliance obligations
- Shield against enforcement
Private label brands remain responsible persons under UK law.
Post-Market Responsibility: Where Many Fail
Legal responsibility does not end at product launch.
Brand owners must:
- Monitor customer complaints
- Investigate adverse incidents
- Act on regulatory updates
- Initiate recalls where required
Failure to act post-market is a common trigger for penalties, even when the product was compliant at launch.
Frequently Asked Questions
Can legal responsibility be fully outsourced to an aerosol manufacturer?
No.
While manufacturers are responsible for safe production and compliance with aerosol filling regulations, brand owners remain legally accountable for the product placed on the market. Responsibility cannot be fully transferred by contract, even in private label arrangements.
Who is liable if an aerosol product is recalled?
Liability depends on the cause, but recalls often involve both parties.
If the recall relates to a manufacturing defect, responsibility may rest with the manufacturer. If it relates to formulation, claims, or labelling, the brand owner is usually responsible. Regulators may pursue both simultaneously.
Does private label manufacturing reduce legal risk?
No — it changes how risk is managed, not who carries responsibility.
Private label manufacturing can reduce operational burden but increases the importance of documentation, communication, and compliance oversight by the brand owner.
What documentation protects both brand owners and manufacturers?
Strong documentation includes:
Compliance assessments
Safety Data Sheets
Container and pressure test reports
Batch records and retention samples
Approved labels and claim substantiation
These documents are critical during regulatory investigations.
What happens if responsibilities are unclear or undocumented?
Unclear responsibility increases enforcement risk, delays investigations, and can lead to wider liability exposure. Regulators may assume shared responsibility where roles are not clearly evidenced.
