Who Is Liable for Faulty Clothing Sold Under Your Brand?

Introduction

If you sell clothing under your own brand—whether you design it, import it, dropship it, or simply put your label on a garment—you’re not just building a customer base. You’re also taking on legal responsibilities.

When something goes wrong (a zip fails, dye causes a skin reaction, a drawstring creates a safety risk, or a garment is mislabelled), customers will usually look to the brand they bought from. In many cases, UK law supports that instinct.

This article explains, in plain English, who can be liable for faulty clothing sold under your brand, what types of claims can arise, and the practical steps you can take to reduce risk.

What counts as “faulty” clothing?

“Faulty” can mean different things depending on the claim. Common examples include:

• Manufacturing defects: weak seams, snapped fasteners, zips that fail, buttons that detach.
• Design defects: a feature that is unsafe even if made correctly (for example, a cord or drawstring that creates a snagging or strangulation risk).
• Materials and chemical issues: dyes, finishes, or treatments that cause irritation or allergic reactions.
• Incorrect labelling: wrong fibre composition, missing care instructions, or misleading claims (e.g., “100% cotton” when it’s a blend).
• Non-compliance with standards: children’s nightwear flammability issues, unsafe small parts, or missing warnings.

A product can also be “faulty” if it’s not of satisfactory quality, not fit for purpose, or not as described.

The key question: who does the customer have a relationship with?

From a customer’s point of view, the first legal route is often through consumer rights. In the UK, the customer’s contract is usually with the retailer—the business that sold the clothing to them.

So if you sell directly to consumers (your website, pop-up shop, marketplaces where you’re the seller of record), you are typically the first point of legal responsibility for refunds, replacements, and certain losses.

If you sell wholesale to a retailer, the consumer’s direct contract is with that retailer—but that doesn’t automatically remove liability from you as the brand owner.

Liability route 1: Consumer rights (refunds, replacements, and “as described”)

Under UK consumer law, customers can usually claim against the seller if goods are:

• Not of satisfactory quality
• Not fit for purpose
• Not as described

In practice, this means:

• If you are the seller, you may have to refund or replace even if the factory caused the issue.
• You may then need to recover your losses from your supplier under your supply contract.

This is why strong supplier terms matter: they help you push costs back down the chain.

Liability route 2: Product liability for injury or property damage

If faulty clothing causes injury (burns, choking, skin reactions) or property damage (for example, a battery-powered heated jacket overheating and damaging property), liability can move beyond simple refunds.

In the UK, product liability can attach to several parties, including:

• The producer/manufacturer
• The importer (if bringing goods into the UK)
• The business that brands the product as their own
• In some cases, the supplier if they don’t identify the producer when asked

This is where “sold under your brand” becomes critical.

If your name/brand is on the label, you may be treated as the producer

Even if you didn’t physically manufacture the garment, putting your brand on it can make you responsible as if you were the producer.

That means a claim may be brought against your business if the product is defective and causes damage.

Liability route 3: Negligence and failure to warn

Separate from strict product liability, a claim may arise if you:

• Failed to take reasonable care in design, sourcing, or quality control
• Ignored known issues (e.g., repeated complaints about a hazard)
• Failed to provide appropriate warnings or instructions

For clothing, warnings might include:

• “Keep away from fire” where relevant
• Age suitability warnings for children’s items
• Care instructions to reduce risk of shrinkage, dye transfer, or damage

Who can be liable in common clothing supply models?

Here’s how liability often plays out depending on how you operate.

1) You design and sell under your brand (UK-based manufacturing)

Potentially liable parties include:

• You (brand/retailer): consumer rights claims, and potentially product liability if your branding is on the product.
• Manufacturer: may be liable, but the customer may still pursue you first.

2) You import clothing and sell under your brand

If you import into the UK, you can be treated as the importer and/or producer.

• You may face claims even if the overseas factory is at fault.
• Recovering costs from an overseas supplier can be slow and expensive.

3) You use a white-label supplier and add your branding

This is a common model for small brands. It can still place liability on you because you are presenting the product as yours.

4) Dropshipping (supplier ships direct to customer)

Dropshipping often creates confusion. Even if you never touch the stock:

• If you are the seller of record, you still owe consumer remedies.
• If your brand is on the product or listing, you may still attract product liability risk.

5) You sell via marketplaces

Marketplaces can blur roles, but the key questions are:

• Who is listed as the seller?
• Whose branding is on the product?
• Who imported it?

If your business is the seller and your brand is on the item, you should assume you are exposed.

What does “defective” mean for product liability?

In simple terms, a product may be considered defective if it is not as safe as people are generally entitled to expect.

That expectation can be shaped by:

• The way the product is marketed
• Instructions and warnings
• What the product is reasonably used for
• The time it was supplied

For clothing, safety expectations can be high where children are involved.

Real-world examples of clothing risks (and why they matter)

Common triggers for claims include:

• Children’s clothing hazards: cords, toggles, small parts that detach.
• Flammability: nightwear and certain fabrics.
• Skin reactions: dyes, nickel in fasteners, latex, chemical finishes.
• Heated or “smart” clothing: batteries, charging issues, overheating.
• Sportswear and PPE-style items: claims about protection that don’t hold up.

Even when the financial value of the garment is low, the cost of handling complaints, returns, and reputational damage can be high.

How to reduce your liability risk (practical steps)

You can’t eliminate risk entirely, but you can reduce the chance of a claim—and reduce the impact if one happens.

1) Tighten supplier contracts

Make sure your supplier terms cover:

• Product specifications and tolerances
• Compliance with UK requirements
• Testing obligations and documentation
• Clear responsibility for defects
• Indemnities (supplier covers your losses if their product causes claims)
• Recall cooperation and cost-sharing

If you’re buying overseas, consider jurisdiction and dispute resolution. A contract that’s hard to enforce is not much protection.

2) Build a basic quality control process

Even small brands can implement:

• Pre-production samples and sign-off
• Random batch checks (stitching, fasteners, sizing)
• Wash tests for shrinkage and colour fastness
• Checks for labelling accuracy

Document what you do. If you ever need to show you acted responsibly, records help.

3) Get labelling right

Labelling issues can trigger refunds, enforcement attention, and customer complaints.

At minimum, ensure:

• Fibre composition is accurate
• Care instructions are clear
• Country of origin and importer details are handled correctly
• Any claims (“organic”, “hypoallergenic”, “protective”) are supportable

4) Act quickly on complaints and patterns

If you see repeated issues:

• Pause sales of the affected batch
• Investigate root cause
• Notify your supplier
• Consider whether a recall or safety notice is needed

Delays can turn a manageable issue into a bigger claim.

5) Have the right insurance in place

Insurance won’t fix a quality problem, but it can protect your business if a claim escalates.

Common covers to discuss with a broker include:

• Product liability (injury/property damage caused by products)
• Public liability (incidents linked to your business activities)
• Professional indemnity (more relevant if you provide advice/design services, but can apply in some contexts)
• Product recall (if you may need to pull stock)
• Cyber insurance (if you sell online and hold customer data)

The right cover depends on your products, volumes, territories, and supply chain.

Quick checklist: are you likely to be liable?

You may be exposed if you:

• Sell direct to consumers under your own brand
• Import clothing into the UK
• Put your brand name on the label or packaging
• Make safety or performance claims
• Sell children’s clothing or specialist items

If any of these apply, it’s worth reviewing your contracts, QC, and insurance.

When to get advice

If you face:

• A serious injury allegation
• A trading standards enquiry
• A potential recall
• Multiple similar complaints

…get legal and insurance advice early. Early action can reduce cost and protect your brand.

Conclusion

When faulty clothing is sold under your brand, liability can sit with more than one party—but customers will often come to you first. In many cases, UK law also makes it easier to pursue the brand owner, importer, or seller rather than an overseas factory.

The best defence is a practical one: strong supplier terms, sensible quality checks, accurate labelling, fast response to complaints, and insurance that matches your real risk.

Call to action

If you sell clothing under your own label and want to protect your business, speak to a specialist broker about product and public liability insurance. A quick review of your supply chain and cover can help you trade with confidence.