What Manufacturers and Retailers Need to Know About Lithium-Ion Battery Safety Requirements

The U.S. Consumer Product Safety Commission (CPSC) has issued a Notice of Proposed Rulemaking (NPR) that could significantly reshape the micromobility industry. The CPSC issued the NPR to address what it describes as an “unreasonable risk of death and injury” associated with lithium-ion batteries used in micromobility products, including risks tied to thermal runaway that can lead to fires, explosions, gas releases, burns, overheating, and smoke inhalation. If finalized, the rule would impose mandatory safety requirements on a wide range of popular consumer products — from e-bikes to hoverboards.

The CPSC’s action is driven by the agency’s claimed growing concern from the increasing use of micromobility products powered by multi-cell lithium-ion rechargeable batteries and the potential for deadly smoke and fires that can spread beyond the product.[1]           

The CPSC proposes to regulate lithium-ion batteries used in micromobility products and the electrical systems of micromobility products containing such batteries, covering six types: eBikes, eScooters, self-balancing scooters (eSBscooters, such as hoverboards), eSkateboards, eUnicycles, and hybrids of these products.

Importantly, the proposed rule extends beyond the products themselves. The proposed rule would cover “micromobility electrical systems,” including batteries, battery management systems (BMS), chargers, and other electrical components, and in addition to OEM batteries sold with a micromobility product, the CPSC proposes to regulate “user replaceable battery packs” sold separately, including components sold in eBike electrical system conversion kits. The CPSC finds that micromobility electrical systems, user replaceable battery packs sold separately, aftermarket chargers sold separately, and conversion kit components present an unreasonable risk of injury and death if not compliant with the proposed rule’s requirements.

On the question of jurisdiction, the CPSC states it has jurisdiction over micromobility products that are not “motor vehicles” under NHTSA’s jurisdiction, including commercially owned micromobility products used by consumers, such as rental fleets.

To address the identified risks, the CPSC proposes requiring products within scope to meet the performance requirements in applicable UL voluntary standards — with modifications — specifically: UL 2849-20 (eBikes), UL 2272-24 (eScooters, eSBscooters, eSkateboards, eUnicycles, and hybrids), and UL 2271-23 (user replaceable battery packs).

However, the CPSC does not view these voluntary standards as sufficient on their own. The CPSC’s analysis finds that the performance requirements in UL 2849-20, UL 2272-24, and UL 2271-23 are inadequate to eliminate or adequately reduce the so-called “unreasonable risks” because they do not address all identified hazards. The CPSC also states that micromobility products “as a whole do not substantially comply” with the applicable voluntary standards, supporting the move toward a mandatory standard with modifications.

Key proposed modifications include:

• Adding tamper-resistant battery enclosure requirements to reduce risks associated with consumers accessing battery packs.
• Adding post-discharge charge testing requirements to ensure the BMS prohibits charging when cell surface temperature exceeds specified upper limits.
• Adding a reverse polarity test across all three standards to reduce risk from incompatible chargers.
• Revising labeling requirements to improve safety messaging addressing electric shock, thermal runaway, homemade batteries, and unsafe charging.

Manufacturers, importers, retailers, and distributors of micromobility products and their components should take this NPR seriously. The proposed rule’s reach — extending to standalone battery packs, aftermarket chargers, and conversion kit components — is notably broad. Companies across the supply chain should carefully review the proposed requirements against their current product lines and testing protocols.

Stakeholders have until August 24, 2026 to submit written comments and should consider engaging in the rulemaking process to ensure their perspectives are part of the record before any final rule is issued. Our firm will continue to monitor developments and is available to assist in assessing compliance obligations and formulating comment submissions.

[1] From 2019 through 2023, the CPSC is aware of 227 unique incidents involving fires, explosions, gas releases, burns, overheating, and smoke inhalation that, the agency claims, potentially could have been prevented by the proposed rule. Fire incidents alone account for 195 of the 227 incidents (86%), all 39 fatalities (100%), and 174 of the 181 injuries (96%).

The data also reveals when and how these incidents occur. Of the 227 total incidents, 120 incidents (53%) occurred while products were plugged in and charging, including 102 injuries (56%) and 18 fatalities (46%). Additional incidents include storage/spontaneous fires, use or shortly after use, aftermarket battery or charger involvement, water contact, and homemade battery packs.