Setting Consumer Standards for Lithium-Ion Batteries Act

Morrison & Foerster LLP - Class Dismissed

In April 2025, the House Committee on Energy and Commerce unanimously approved the Setting Consumer Standards for Lithium-Ion Batteries Act. The Act, if it is enacted, would convert current voluntary standards ANSI/CAN/UL 2271, 2272, and 2849 into mandatory consumer product safety standards.

Rechargeable lithium-ion batteries power everyday devices such as cell phones, e-cigarettes, and laptops; they are also found in electric vehicles, e-scooters, and other micro-mobility vehicles. These batteries have come under increased scrutiny in recent years due to their fire risk. Since 2019, the New York City Fire Department has linked more than 1,000 fires, 523 injuries, and 39 deaths to lithium-ion batteries. Damaged or defective lithium-ion batteries can experience thermal runaway, a process in which the lithium-ion cell heats up uncontrollably in a matter of seconds, which can cause the battery to catch fire or explode.

No mandatory national safety standard currently governs lithium-ion batteries in micro-mobility devices—the Act seeks to change that. The Act would allow the Consumer Product Safety Commission (CPSC) to enforce the existing and new standards for lithium-ion batteries in consumer products. Congressman Ritchie Torres, who introduced the legislation with three other New York representatives, noted that “it has been clear that unregulated lithium-ion batteries pose a clear and present threat to the public’s safety, and it’s long past time that we do something about it.”

New York Senator Kirsten Gillibrand echoed Congressman Torres’ statement, noting, “The Setting Consumer Standards for Lithium-Ion Batteries Act is a commonsense solution that brings us one step closer to stopping preventable fires, and I encourage my congressional colleagues to pass this bipartisan bill and create the first-ever mandatory consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices.”

The Act reflects continuing close governmental scrutiny on lithium-ion battery safety in e-bikes and other micro-mobility devices. In its 2024 Operating Plan, CPSC proposed mandatory safety standards for lithium-ion batteries in micro-mobility products and stronger enforcement of the existing regulations.

Whether CPSC will still exist by the time these standards become mandatory, or the Department of Health and Human Services will take control of regulating consumer products, remains unclear. Regardless, manufacturers should prepare for stricter regulations for lithium-ion batteries in the near future.

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DISCLAIMER: 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. Attorney Advertising.

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