Electric Scooters and e-Bikes: CPSC Proposes Lithium-Ion Battery Restrictions

Key Takeaways

• Manufacturers, importers, distributors, and retailers of micromobility products, such as electric scooters and e-bikes, should evaluate whether their existing products comply with the referenced Underwriters Laboratories (UL) standards and assess the impact of the proposed additional performance and labeling requirements.
• Companies that sell replacement batteries, aftermarket chargers, or e-bike conversion kits should note that the proposal extends beyond complete products and would impose new obligations on these components.
• Businesses should consider submitting comments on the proposal, particularly regarding the feasibility of the proposed design modifications, testing requirements, warning provisions, compliance costs, and the proposed 180-day implementation period.
• States and companies should evaluate the proposal’s preemption implications. If finalized, the rule could preempt certain state and local product safety requirements that address the same battery-related hazards, requiring both regulators and businesses to reassess existing compliance frameworks.

Background

The use of e-bikes and electric scooters is exploding—and so are the e-bikes and scooters. On June 24, 2026, the U.S. Consumer Product Safety Commission (CPSC) published a Notice of Proposed Rulemaking (NPRM) to establish the first mandatory federal safety standards governing lithium-ion batteries used in micromobility products and the electrical systems that power them. The proposal would apply to e-bikes, e-scooters, hoverboards, electric skateboards, electric unicycles, and similar products, as well as replacement battery packs, aftermarket chargers, and e-bike conversion kits. Notably, the proposal also extends to commercially owned micromobility products used by consumers, including rental fleets, meaning shared mobility operators would be subject to the same federal battery safety requirements.

Until now, CPSC has largely relied on voluntary standards to address battery-related hazards associated with micromobility products. The NPRM marks a significant shift in CPSC’s regulatory approach. Rather than relying on equipment manufacturers voluntarily adopting standards, CPSC preliminarily concluded that the existing standards do not adequately address all identified battery-related hazards and that manufacturers have not achieved substantial compliance with them, prompting the agency to propose a mandatory federal safety standard.

The proposed rule would incorporate by reference existing UL safety standards—UL 2849-20 (e-bikes), UL 2272-24 (personal e-mobility devices), and UL 2271-23 (replaceable battery packs)—but would also impose several additional requirements that CPSC believes are necessary to address continuing fire risks. Among other changes, the proposal would require tamper-resistant battery enclosures, new testing to prevent charging batteries while cells remain too hot after use, reverse-polarity protection to address incompatible chargers, expanded warning labels, and enhanced consumer instructions addressing charging, battery replacement, homemade batteries, and water exposure. The NPRM would also add the rule to CPSC's list of children's product safety rules requiring third-party testing and certification where applicable.

CPSC based the proposal on incident data identifying 227 unique battery-related incidents involving micromobility products between 2019 and 2023, including 39 fatalities and 181 injuries. According to the agency, many incidents involved thermal runaway events that occurred while products were charging. CPSC concluded that existing voluntary standards, while valuable, do not fully address the identified hazards or achieve substantial industry compliance.

This proposal builds on CPSC’s broader efforts to address battery-related hazards. In 2023, CPSC adopted a mandatory safety standard for button cell and coin batteries, and consumer products containing them, codified at 16 C.F.R. Part 1263, to reduce ingestion risks under Reese’s Law. The micromobility proposal targets a different set of hazards. Although e-Bikes and similar products also present risks related to crashworthiness, braking, steering, structural integrity, rider behavior, and other operational concerns, the proposed rule is limited to electrical hazards associated with lithium-ion batteries and micromobility product electrical systems, including fire, explosion, electric shock, overheating, gas release, burns, and smoke inhalation.

Any final rule would become effective 180 days after publication and apply to products manufactured after the effective date. Comments are due by August 24, 2026, with requests to present oral comments due by July 24, 2026.

Existing Compliance May Not Be Sufficient

Manufacturers whose products already comply with existing UL standards should not assume those products will satisfy the proposed rule. Although CPSC proposes to incorporate UL 2849-20, UL 2272-24, and UL 2271-23 by reference, the NPRM would modify each standard by adding new performance, design, labeling, and instruction requirements, including tamper-resistant battery enclosures, additional battery charging and reverse-polarity testing, and expanded warnings and consumer instructions. As a result, products certified to current versions of the UL standards would likely require design changes, retesting, or updated labeling to comply with a final federal rule.

Federal Preemption May Raise Questions for Existing State Micromobility Battery Requirements

The proposed rule could have significant implications for the growing number of state and local laws regulating lithium-ion batteries used in micromobility products. Under section 26(a) of the Consumer Product Safety Act, once a federal consumer product safety standard takes effect, state and local governments may choose to not adopt or enforce non-identical requirements governing the same product and risk of injury. Limited exceptions apply, including requirements governing products procured for governmental use and state or local standards for which CPSC grants an exemption because they provide a significantly higher degree of protection without unduly burdening interstate commerce. The NPRM expressly acknowledges that, if finalized, the rule could preempt state or local performance and labeling requirements governing the same hazards addressed by the federal standard.

The proposal raises important questions regarding the interaction between the federal rule and recently enacted state and local requirements, including laws that require compliance with UL standards or impose additional design, certification, or labeling obligations for micromobility products and replacement batteries. While the proposed rule would incorporate existing UL standards, it would also modify those standards in several respects, potentially creating differences between federal requirements and existing state or local frameworks. Companies selling nationally should closely monitor the rulemaking process and consider whether to comment on the proposal’s preemption implications, particularly if they currently comply with state-specific regulatory regimes.

Certification and Testing Requirements

If finalized, the rule would be subject to the Consumer Product Safety Act’s existing testing and certification requirements. Manufacturers and importers of non-children's products would be required to certify compliance based on a reasonable testing program. Micromobility products that qualify as children's products—those designed or intended primarily for children 12 years of age or younger—would be required to undergo third-party testing by a CPSC-accepted laboratory and be accompanied by a Children’s Product Certificate. The proposal would also add the rule to CPSC’s list of children's product safety rules requiring third-party conformity assessment body accreditation.

Electronic Certificate Filing Will Increase Import Scrutiny

In addition to the proposed testing and certification requirements, importers should be aware of CPSC's recently implemented electronic certificate filing (e-Filing) program. Effective July 8, 2026, importers of regulated consumer products must electronically submit Certificates of Compliance before products enter U.S. commerce. Although the program does not create new testing or certification obligations, it provides CPSC and U.S. Customs and Border Protection with a new mechanism to identify noncompliant products at the border. If the proposed micromobility battery rule is finalized, importers of covered products should expect increased scrutiny of compliance documentation and should ensure that any required certificates accurately reflect compliance with the new federal standard.

Next Steps

Companies that manufacture, import, distribute, or sell micromobility products, replacement batteries, aftermarket chargers, or e-bike conversion kits should evaluate the proposal and identify any gaps between current product designs and the proposed federal requirements, particularly if products are certified to existing UL standards. Businesses also should review product testing, labeling, and certification programs, assess the proposal's potential preemption of state and local battery safety requirements, and consider submitting comments on the proposed performance requirements, compliance costs, implementation timeline, and other issues before the August 24, 2026, comment deadline.

Beveridge & Diamond provides strategic, business-focused counseling services to companies across the supply chain for lithium-ion and other batteries, including manufacturers of batteries and battery-containing products, logistics providers, retailers, large-scale battery users, collectors and recyclers of batteries, traders in black mass, and developers of innovative battery technologies. This work is supported by our Waste and Recycling, International Environmental Law, Product Stewardship, Global Supply Chains, and Hazardous Materials and Dangerous Goods Transportation practice groups, among others. The firm also has an ongoing webinar series on environmental issues across the lifecycle of batteries. For more information about battery and black mass developments in the U.S. or internationally, please contact the authors.