A New Charge for Micromobility: CPSC Proposes Mandatory Battery Standards

16 Jul 2026
Client Alert

Voluntary safety standards for micromobility batteries may soon carry the force of federal law. The U.S. Consumer Product Safety Commission (CPSC) has proposed a mandatory safety standard for lithium-ion batteries used in micromobility products, including electric bicycles (“e-bikes”), electric scooters, and other light electric vehicles. If adopted, the rule would convert key industry safety standards from voluntary best practices into enforceable federal requirements, imposing several new battery-safety obligations.

The proposal comes amid increased scrutiny over lithium-ion batteries as micromobility products continue to gain popularity as a “green” transportation alternative. According to Acting CPSC Chairman Peter Feldman, the proposal seeks to address “well-documented hazards associated with these batteries, including thermal runaway, fires, and explosions.”

CPSC contends that existing Underwriters Laboratories (UL) voluntary standards governing the construction, performance, and labeling of certain micromobility products “are inadequate to eliminate or reduce the unreasonable risks of injury” posed by lithium-ion batteries. Rather than simply adopting those standards, the proposed rule would modify and build on them by imposing additional requirements, including tamper-resistant battery enclosures, post-discharge testing intended to prevent overheating, reverse-polarity tests, and protections designed to reduce risks associated with incompatible battery chargers. The proposed rule would also revise and expand warning-label requirements for covered products. Children’s micromobility products covered by the rule would trigger third-party testing requirements and certification for compliance with the new mandatory standard.

The proposed rule could significantly reshape the e-bike and broader micromobility industry. Most notably, it would transform current voluntary standards into mandatory federal requirements, raising the compliance threshold for manufacturers, importers, and other companies throughout the supply chain. Its reach would extend beyond finished micromobility products—the proposed rule would apply to all components of micromobility electrical systems and items sold separately, such as replacement battery packs and components sold in e-bike electrical system conversion kits.

The proposal builds on a broader trend toward increased regulation of the micromobility industry. As we previously reported, California’s SB 1271, which took effect in January 2025, introduced new fire safety and third-party certification requirements for e-bikes while clarifying the state’s tiered e-bike classification system. If implemented, CPSC’s proposal would take that trend a step further by establishing nationwide mandatory battery safety standards for a broad range of micromobility products.

If finalized, manufacturers will have 180 days from the rule’s final publication to comply with the new requirements. The proposal also includes an anti-stockpiling provision that would limit the manufacture and import of noncompliant products during the transition period. Companies involved in the manufacture, import, or sale of micromobility products should use the comment period to evaluate the proposal’s impact on their products, supply chains, and compliance programs. Requests to present oral arguments are due by July 24, 2026, and written comments are due by August 24, 2026. We will continue to monitor the rulemaking and provide updates as it progresses.

Jordyn Naylor, a summer associate in our San Diego office, contributed to this alert.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.