Legal spotlight - March 2025

AMIDST INCREASING reporting of serious fires caused by lithium-ion batteries used in e-bikes and e-scooters, the government has published statutory guidance setting out the safety mechanisms that lithium-ion batteries for e-bikes must contain to address the risk of ‘thermal runaway’. Thermal runaway is a dangerous chain reaction that causes fires. At the same time the regulator, the Office of Product Safety and Standards (OPSS) reminded producers and distributors of lithium-ion batteries that they must take these guidelines into account when assessing whether their battery meets legal safety requirements under the General Product Safety Regulations 2005 (GPSR).

Amongst other things, the guidance provides that lithium-ion batteries intended for use with e-bikes or e-bike conversion kits must include safety mechanism(s) to prevent thermal runaway both during normal operation and conditions of reasonably foreseeable misuse. The design and construction of a lithium-ion battery must “sufficiently resist” damage from external sources, including from temperature, liquids, impact and vibration from normal wear and tear.

In addition, information to enable businesses and users to assess the intended use compatibility of the battery, including on sourcing compatible chargers, must be provided with battery packs, along with information on safe charging.

Guidance is also provided on demonstrating protections from thermal runaway for both producers and distributors.

The regulator has also confirmed that addressing the risks related to fires involving e-bikes and e-scooters in the UK remains a priority for its regulatory activity.  The confirmation accompanied publication of new independent research into the safety of e-bike and e-scooter lithium-ion batteries, chargers and e-bike conversion kits. Commissioned by the OPSS to give a better understanding of the risks associated with the use (and foreseeable abuse of) e-bikes and e-scooters, the research is said to have given new insights into a number of matters. These include how product safety standards may have fallen behind technological advances.  

The regulator said that it will carefully consider the evidence produced by the research to inform “policy development and effective regulation”. The OPSS has already been active in regulatory interventions in this area. This regulatory activity includes market surveillance and data gathering as well as campaigns to raise awareness of risk. 

Fires said to be caused by lithium-ion batteries are increasingly common; they have been described by London Fire Brigade as the fastest growing fire risk.  According to the OPSS, fire and explosion risk from lithium-ion batteries used by e-bikes and e-scooters has been increasing, along with the growth of the market. In 2023, there were almost 200 fires reported involving these products in the UK, causing 10 fatalities.

The risks inherent in battery production, storage, use and disposal are not new – battery power has been around for a long time - but battery usage is changing rapidly, bringing those risks into sharp focus leading to increasing calls for regulation/intervention. However, there is already a substantial body of legislation and guidance which is equally relevant to lithium-ion battery risk.  

As always, care should be taken to ensure any new regulation is properly thought through to avoid unforeseen consequences, confusion and duplication, as well as any unnecessary regulatory burden. Additional regulation does not always equate with increased safety. Consideration should be given to whether additional guidance/education might address a risk in relation to which existing regulation may be relevant (such as the statutory guidance issued by the government). Crucially, stakeholders must be involved in the evolution of new regulation.

The OPSS said that it is continually assessing the most effective regulatory interventions to protect consumers and target and remove dangerous products. Among the possible options mentioned by it is improving the regulatory framework through the Product Regulation and Metrology Bill (PRM Bill). The PRM Bill is currently making its way through parliament and aims to modernise and streamline product safety regulations across the UK.

This option, according to the OPSS, will help ensure the UK’s product safety framework can keep up with technological advancements, including on e-bikes and lithium-ion batteries, “if regulatory change is needed”.

In addition to this, Private Members Bill, the Lithium-ion Battery Safety Bill, remains before parliament. Originating in the House of Lords, the Bill had its second reading in September but details of dates for further progress are awaited. The OPSS’s reference to the government’s PRM Bill suggests that it is the more likely route to regulation in this area – if there is to be regulatory change.

The measured approach to increasing regulation being adopted by the OPSS will be welcomed by stakeholders keen to avoid yet more regulation. Of course, in some cases new regulation is required. Whilst proposed legislation currently before parliament may provide a mechanism to do this, it is by no means certain, at this stage at least, that it will be deployed in this area.  

Other initiatives set out by the OPSS include developing a new ‘publicly available specification’ (PAS) to cover the safety of lithium-ion batteries in collaboration with the British Standards Institution (BSI) and other stakeholders.  

Whatever the outcome, collaboration across government and stakeholder engagement will be key.

Kevin Bridges is a partner and head of health and safety at Pinsent Masons. For more information, visit www.pinsentmasons.com