In a recently published letter to “Manufacturers, Importers, and Retailers of Self-Balancing Scooters,” the Consumer Product Safety Commission (“CPSC”) urged the trade to make certain that self-balancing scooters (hover boards) comply with currently applicable voluntary safety standards, including all referenced standards and requirements contained in UL 2272 – Outline on Investigation for Electrical Systems for Self-Balancing Scooters. In addition, the CPSC indicated that all lithium ion battery products must comply with test requirements under UN/DOT 38.3 Transport of Dangerous Goods for Lithium Metal and Lithium Ion Batteries.
Importantly, the letter reflects that the CPSC Office of Compliance and Field Operations staff considers hover boards that do not meet the new standards to be defective, and possibly a substantial product hazard or imminent hazard. As a result, the CPSC will begin detaining and seizing hover boards that do not comply with these requirements. Similarly, the CPSC states that if its staff encounters such hover boards domestically, it may seek a recall of the products.
© 2016 Courtesy of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP – a member of EACCNY