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erratic past – it was (1) voted on by the five-person commission in April, (2) initially noticed in early May, (3) withdrawn, (4) re-noticed in June, and (5) again withdrawn.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.

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Photo of Rebecca Baden Chaney Rebecca Baden Chaney

Rebecca Baden Chaney is a partner in the firm’s Washington, D.C. office and is co-chair of the firm’s Transportation Practice. Transportation, micromobility, consumer, and other product manufacturers lean on Rebecca Chaney’s keen understanding of the transportation and consumer product industries and the legal…

Rebecca Baden Chaney is a partner in the firm’s Washington, D.C. office and is co-chair of the firm’s Transportation Practice. Transportation, micromobility, consumer, and other product manufacturers lean on Rebecca Chaney’s keen understanding of the transportation and consumer product industries and the legal landscape to advance their businesses. Rebecca applies her commercial-focused product risk lens to represent product manufacturers facing litigation, commercial, and regulatory challenges.

Rebecca is an industry-recognized force in litigating complex product-related warranty, defect, indemnity and contractual commercial disputes, and consumer litigation, including in class actions and mass tort proceedings. She counsels her commercial clients on product disputes, risk mitigation, and crisis management matters. Rebecca additionally defends clients against defamation claims. Clients appreciate Rebecca’s close coordination with them, her proactive approach, and her critical and creative thinking about each stage in a litigation or matter.

Rebecca’s approach embraces product liability risk management across the life cycle of product commercialization, from pre- to post-launch to aftermarket. This includes advice on product labeling, as well as National Highway Traffic Safety Administration and Consumer Product Safety Commission regulatory compliance, recall, and enforcement issues.

Photo of Cheryl A. Falvey Cheryl A. Falvey

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with…

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.

An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.

She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children’s Online Privacy Protection Act, the FTC’s Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal’s 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm’s D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.

Photo of Lauren Arquette Lauren Arquette

Lauren Arquette focuses her practice on litigation and trial, as well as white collar and regulatory enforcement matters. She also maintains an active pro bono practice in the areas of constitutional law and civil rights.