In a 3-2 party-line vote, the three Democratic commissioners at the Consumer Product Safety Commission (CPSC or Commission) voted on April 30, 2025, to move forward with a Notice of Proposed Rulemaking (NPR) for a new safety standard for e-mobility products using lithium-ion batteries, such as hoverboards, e-bikes, and e-scooters. A proposal by Acting Chairman Peter Feldman to refer the draft safety standard to the Office of Information and Regulatory Affairs (OIRA), which reviews and coordinates executive regulations and federal information policy, was defeated.

Three existing voluntary standards concerning electrical systems and batteries in e-mobility devices – UL 2849-20 (Standard for Safety for Electrical Systems for E-bikes), UL 2271-23 (Standard for Safety for Batteries for Use in Light Electric Vehicle Applications), and UL 2272-24 (Standard for Safety for Electrical Systems for Personal E-Mobility Devices) – would become mandatory, with certain modifications proposed by CPSC staff. Separate EN standards were considered for adoption and rejected in the draft NPR. If finalized as proposed, e-mobility devices that meet EN and other industry standards, but not the three modified UL standards, could no longer be sold in the U.S.

Although Acting Chairman Feldman characterized lithium-ion battery safety as a priority for the CPSC, he described the standard laid out in the draft NPR as “misguided” and potentially unable to withstand judicial scrutiny. He accused Commission Democrats of intentionally defying President Trump’s February 18, 2025, Executive Order directing a formal interagency review process. Former CPSC Chair Andrew Hoehn-Saric, who has stayed on as one of the three Democratic Commissioners, argued that the Executive Order was not “consistent with the law” and undermined CPSC’s independence to make decisions on consumer product safety. While Commissioner Hoehn-Saric expressed hope that Congress would pass a law governing lithium-ion battery safety, he felt that “the CPSC should not slow down its work as Americans continue to die in preventable fires.”

Publication of the NPR in the Federal Register is expected within a few days, and members of the public will have 60 days after publication to comment on any aspect of the proposed standard.