When will the CPSC regulate micromobility products?
On June 20, 2025, the Consumer Product Safety Commission (“CPSC”) re-noticed a proposed rule (“the notice” or “NPR”) on “Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries,” which it withdrew just days later. The notice has had an unusually erratic past – it was (1) voted on by the five-person commission in April, (2) initially noticed in early May, (3) withdrawn, (4) re-noticed in June, and (5) again withdrawn. The first withdrawal in May was due to President Trump’s firing of the three Democratic CPSC Commissioners who voted to issue the notice (the two Republicans on the Commission voted against it). After the Democratic Commissioners were reinstated, and the notice was reissued, it appeared that a micromobility rule was finally on its way. However, it was again removed – this time without explanation.
The NPR sought to address potential risks associated with the use of micromobility products. Thus, understanding the regulations that were considered will help companies prepare for future rules, guard against the risk of recalls, and inform best practices. Although it is unclear whether and when the CPSC will re-issue a lasting notice, manufacturers, distributors, and sellers of micromobility products should take note of the requirements that were under consideration in the NPR:
- For the purposes of the CPSC’s proposed rule, a “micromobility product” would include lithium-ion battery-powered vehicles, eBikes, eScooters, self-balancing scooters (such as Hoverboards; eSBscooters), eSkateboards, eUnicycles, and hybrids of these products within CPSC’s jurisdiction. The NPR would apply to lithium-ion batteries used in micromobility products, the electrical systems of micromobility products containing such batteries, all components that make up an electrical system (i.e. lithium-ion batteries, battery management systems (BMS), chargers, and any other electrical component), and individual lithium-ion batteries that can be used to replace the battery in a micromobility product (i.e. “user replaceable battery packs” and conversion kits).
- The proposed rule would have required that each product meet the following performance requirements:
- For eBikes: ANSI/CAN/UL 2849:2020, Standard for Safety for Electrical Systems for eBikes (UL 2849-20);
- For eScooters, eSBscooters, eSkateboards, eUnicycles, and hybrid products: ANSI/CAN/UL 2272:2024, Standard for Safety for Electrical Systems for Personal E-Mobility Devices (UL 2272-24); and
- For user replaceable battery packs: ANSI/CAN/UL/ULC 2271:2023, Standard for Safety for Batteries for Use in Light Electric Vehicle (LEV) Applications (UL 2271-23).
- In addition, the CPSC would add battery enclosure, post-discharge charge test, and reverse polarity test requirements.
Congress’s pending micromobility legislation
Despite the uncertainty in the CPSC, Congress has shown that there is an appetite for federal micromobility regulations given concerns over the severity of the fire risk. On April 28, 2025 the House of Representatives passed H.R. 973, the “Setting Consumer Standards for Lithium-Ion Batteries Act.” If passed by the Senate, the Act would give the CPSC 180 days to promulgate micromobility regulations.
Crowell is continuing to monitor developments for these, and other rules.