Reps. Torres and Krishnamoorthi Press the Consumer Product Safety Commission on Withdrawal of Battery Safety Standard Proposal

Last night, Congressmen Ritchie Torres (NY-15) and Raja Krishnamoorthi (IL-08) wrote to Acting Chairman Peter Feldman and Commissioner Douglas Dziak of the Consumer Product Safety Commission in response to them overturning a recent move to issue a proposed regulation establishing a federal safety standard for lithium-ion batteries in micro-mobility devices such as e-bikes, e-scooters and hoverboards.

Rep. Torres has spent years advocating for additional safety standards for lithium-ion batteries. In April, his bipartisan legislation, the Setting Consumer Standards for Lithium-Ion Batteries Act, passed the U.S. House of Representatives. The bill would require the Consumer Product Safety Commission (CPSC) to adopt a federal safety standard for rechargeable lithium-ion batteries used in e-bikes and other micro-mobility devices to protect against the risk of fires caused by such batteries.

The CPSC was created as an independent federal regulatory agency under the 1972 Consumer Product Safety Act tasked with “protect[ing] the public against unreasonable risks of injuries and deaths associated with consumer products.” Yet, late on May 8, 2025, President Trump fired 3 of the 5 CPSC Commissioners after they reportedly opposed DOGE inserting themselves into the work of the CPSC. All three fired Commissioners were in the middle of their 7 year terms. In light of their firings, the Commissioners have sued the Trump Administration related to their firings.

The letter reads as follows (PDF attached here):

“We write to you regarding an urgent matter of U.S. consumer safety. We are concerned that your decision to withdraw a consumer product safety rule designed to protect Americans from potentially hazardous products, many of which originate from the People’s Republic of China (PRC), puts American families in harm’s way. Lithium-ion batteries in micromobility devices, such as e-bikes and electric scooters, have the potential to fail, explode, or release harmful chemicals. The Consumer Product Safety Commission (the Commission) notes that “most” or “nearly all” micromobility platforms being sold in the United States are import products made in the PRC. We are requesting a justification for the Commission’s May 13, 2025, emergency vote to withdraw of the Notice of Proposed Rulemaking to Establish a Safety Standard for Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries.

“A 2023 report published by the Commission details the extent of consumer harm caused by these micromobility devices between 2017 and 2022. The report surfaces troubling figures. Between 2017 and 2022, the Commission found 19 fire-related deaths across all micromobility platforms. For electric scooters, fire hazards were reported in over half of the 89 incidents the Commission investigated. For hoverboards, fire hazards were the most common issue, accounting for 133 of the 166 incidents investigated. In 2023, there were 268 related incidents in New York City alone, resulting in 150 injuries and 18 deaths. And in 2024, lithium-ion batteries started 277 fires in the city. In February 2024, lithium-ion batteries became a leading cause of fires and fire deaths in New York City.5 This is a major increase from the 30 that occurred in 2019.

“Manufacturers in the PRC are overwhelmingly the source of these dangerous products reaching the U.S. market. As noted earlier, the Commission reports that “most” or “nearly all” micromobility platforms being sold in the United States are imported products made in the PRC. Additionally, where there are domestic manufacturers of micromobility devices, most of the lithium-ion batteries they use are typically imported from the PRC. Over the past few years, the Commission has issues numerous recalls for dangerous e-bikes, micromobility batteries, and other micromobility devices such as hoverboards and electric unicycles citing fire hazards. All of these products were manufactured in the PRC.

“While the Commission has left intact the two voluntary safety standards, these standards offer an incomplete response to the scale of this issue. The Commission’s decision to consider a mandatory rule is a recognition that voluntary standards are inadequate on their own. It also sends a signal to both consumers and the market the U.S. understands the severity of the issue. We urge the Commission to reconsider its decision to withdraw this proposed rule.

“As the Commission considers this request, we respectfully request answers to the following questions no later than June 26, 2025.

1.     Please describe in detail your rationale for withdrawing the proposed CPSC Rule to Establish a Safety Standard for Lithium-Ion Batteries Used in Micromobility Products and Electrical Systems of Micromobility Products Containing Such Batteries.

2.     In withdrawing the proposed rule, how did the Commission consider the health and safety impact of Chinese-made products on American consumers?

3.     What, if any, feedback on the proposed rule was the Commission responding to in their decision to withdraw the rule?

a.     Were any efforts made to amend the proposed rule to address this feedback before terminating the proposed rule?

4.     In lieu of the proposed rule, what measures will the Commission take to safeguard American consumers from dangerous Chinese-made micromobility products that continue to pose serious dangers?

“Thank you for your attention to this matter.”

The New York City Fire Department (FDNY) reports rechargeable lithium-ion batteries have caused more than 1,000 fires since 2019, resulting in 523 injuries, 39 deaths & damage to over 650 hundreds of structures. In 2024, there were 279 e-bike and e-mobility device battery fires in NYC, a dramatic increase from the 30 that occurred in 2019.