The U.S. Consumer Product Safety Commission’s (CPSC’s) proposed safety standard for lithium-ion batteries used in micromobility products is back on the agency’s agenda.

On August 21, Acting Chairman and current sole Commissioner of the CPSC, Peter Feldman, issued a statement announcing several advancements of “critical safety standards” to the Office of Information and Regulatory Affairs (OIRA) pursuant to Executive Order No. 14215, “Ensuring Accountability for All Agencies,” including the CPSC’s draft proposed rule on lithium-ion batteries used in micromobility products. The lithium-ion micromobility product standard, and whether the CPSC would put it forward for codification, has been in flux for months. The CPSC originally introduced the rule on January 8, 2025 following the bipartisan “Setting Consumer Standards for Lithium-Ion Batteries Act” bill signaling Congress’s desire for the CPSC to issue a consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices. In April, the CPSC voted to move forward with the rule, but subsequently withdrew it following President Trump’s firing of three Democratic Commissioners. The proposed rule was most recently re-noticed by the CPSC on June 20, 2025, when those three Commissioners were temporarily reinstated, but withdrawn just days later, without explanation.

The purpose of the draft standard is to address the potential risk of death and injury associated with lithium-ion batteries used in micromobility product electrical systems, which could include hazards related to electric shock, fires, explosions, expulsion of gas or flames, burns, overheating, and smoke inhalation. The rule proposes modifications to the performance requirements set forth in the current voluntary standards covering lithium-ion batteries in micromobility devices: UL 2849-20 (Standard for Safety for Electrical Systems for eBikes), UL 2272-24 (Standard for Safety for Electrical Systems for Personal E-Mobility Devices), and UL 2271-23 (Standard for Safety for Batteries for Use in Light Electric Vehicle (LEV) Applications).

If passed, the rule would be codified as a consumer product safety standard and would impose performance requirements on both original electrical systems on lithium-ion battery-powered vehicles including eBikes, eScooters, self-balancing scooters (such as Hoverboards; eSBscooters), eSkateboards, eUnicycles, and hybrids of these micromobility products within the CPSC’s jurisdiction, as well as replaceable battery packs, aftermarket chargers, and conversion kit components sold separately.

The Acting Chairman’s statement on the issuance of the lithium-ion battery rule came one day after a statement announcing the withdrawal of other pending CPSC rulemakings, including proposed safety standards on blade-contact injuries on table saws, recreational off-highway vehicles, debris penetration hazards, and banned hazardous substances, which emphasized “a turning point” for the CPSC and a return “to a safety mission rooted in sound science, robust data, and common sense.”

Despite the uncertainty in the CPSC and the proposed rule’s turbulent history, this action indicates that federal micromobility regulations are a current priority for the agency and may indeed be forthcoming. If the “Setting Consumer Standards for Lithium-Ion Batteries Act” bill is passed by the Senate, the CPSC would have a 180 day deadline to promulgate micromobility regulations.

Tags: Consumer Product Safety Commission (CPSC), CPSC, Lithium-Ion Batteries
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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.

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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.

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Photo of Rachael Padgett Rachael Padgett

Rachael Padgett’s practice focuses on the intersection of litigation and regulatory counseling, and she has a passion for advising clients on how to navigate product risk and achieve creative solutions.

As a counsel in the Litigation and Transportation Groups, Rachael handles matters involving…

Rachael Padgett’s practice focuses on the intersection of litigation and regulatory counseling, and she has a passion for advising clients on how to navigate product risk and achieve creative solutions.

As a counsel in the Litigation and Transportation Groups, Rachael handles matters involving product liability litigation, supply chain contract disputes, National Highway Traffic Safety Administration and Department of Transportation regulatory counseling, and Consumer Product Safety Commission reporting and investigations. With a focus on the transportation, micromobility, railroad, and retail product industries, she represents clients facing complex, high-stakes problems using a thoughtful, human approach to minimize client exposure and resolve disputes effectively.

Rachael maintains a pro bono practice with a focus on representing children in immigration cases and as guardian ad litem.

During law school, Rachael served as articles editor for The George Washington Law Review and received numerous awards, including the Jacob Burns Award for the First Place Team in the Van Vleck Constitutional Law Moot Court Competition, the Henry R. Berger Award for Excellence in the Area of Tort Law, and the Jennie Hassler Walburn Award for Excellence in the Area of Civil Procedure. She also worked as a judicial intern for the Honorable Michael O’Keefe in the Superior Court of the District of Columbia’s Family Court and regularly volunteered at the Family Court Self-Help Center.

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