U.S. Consumers Face Injury And Death From Fraudulent Li-ion Batteries

Fraudulent batteries popular on Amazon, Walmart, eBay, and Newegg have an explosive history, yet they remain.

March 9, 2023, Los Angeles, CA – Lithium-ion "Li-ion" batteries power many common daily use devices, including phones, power tools, laptops, electric bikes, children's toys and of course, electric vehicles. Seven-thousand individual 18650 Li-ion cells power Tesla automobiles. Consumers unwittingly fall victim to injuries and tragic accidents from improper use or simply purchasing fraudulent batteries.

Consumers who believe they are buying legitimate, safe Li-ion batteries whether individually or assembled in battery packs, on Amazon, eBay, Walmart, Wish, and Newegg may be in for a surprise. They are extremely hazardous if misused, damaged, or improperly vented or charged. Overheating and fires turn the batteries into exploding bombs with serious or deadly consequences.

Individual 18650 battery cells are assembled collectively as the core power source of battery packs but are often purchased individually for use in flashlights, vape devices, and toys.

The U.S. Consumer Product Safety Commission (CPSC) warned consumers not to buy or use loose 18650 lithium-ion battery cells. These cells are manufactured as industrial component parts of battery packs and are not intended for individual sale to consumers. However, unscrupulous China salvagers separate the battery packs and re-label the recycled unprotected 18650 cells as "new" with wild capacity claims, selling them online.

Most fakes are easy to spot; there is no legitimate individual 18650 battery with a capacity above 3800mAh, yet batteries with wild capacity claims up to 12,000mAh are common on e-commerce websites. There are also fraudulent 18650 cells below 3800mAh. Walmart and Amazon are direct sellers of the fraudulent and dangerous items in addition to enabling and facilitating third-party sales.

The Counterfeit Report, a global award-winning consumer advocate and industry watchdog, purchased hundreds of fraudulent items from Walmart, Amazon, and Newegg. eBay blocks The Counterfeit Report's investigative purchases yet allows battery sales.

Amazon and Walmart received legal notice in March 2019 to immediately cease the misleading and deceptive marketing and sales of the fraudulent items. Both ignored the notice. Amazon was then served with a federal class-action lawsuit in September 2020 as a direct seller of the fraudulent items, yet continued to facilitate third-party sales. Alarmingly, The Counterfeit Report identified over 130,000 fraudulent items sold by Amazon and over 5,000 fraudulent items sold by Walmart after notification to correct and remedy their fraudulent and deceptive marketing practices.

If you don't use them, why should you care?

• If you fly; the FAA identified 393 air/airport incidents (fires and smoke) between March 1991 and November 2022 involving lithium batteries carried as cargo or baggage. Three major aircraft accidents were reported where lithium battery cargo shipments were implicated but not proven to be the fire source. Li-ion batteries are often illegally shipped or mailed in improper packaging or without required disclosure to the carrier. Ten people were hospitalized this month when a Spirit Airlines flight made an emergency landing in Florida due to a Li-ion battery fire.
• The first reported death from a Li-ion battery occurred in May 2018 by the Pinellas County (Florida) Medical Examiner's office. A 38-year-old Florida man died when an e-cigarette device exploded, causing a "projectile wound to the head" and burning 80% of his body. His home had extensive fire damage. The N.Y. City Fire Department reported six deaths and 200 fires from Li-ion batteries in 2022.
• If you share or give a battery-powered device (especially to children); thousands of reported fire and explosion incidents resulting in emergency-room visits in the U.S. can be found. Many include acute injuries, meaning that the victim required hospitalization and may have suffered the loss of a body part. Batteries are often used close to the user's face or carried in pockets.

The fraudulent 18650 Li-ion batteries below were found or purchased on Amazon, Walmart, eBay, or Newegg.

Consumers receiving a fraudulent 18650 Li-ion battery should stop using it immediately. Do not mail, ship, disassemble, or throw the battery in the trash; you may be responsible for an injury or death, and in violation of federal law. Find a qualified recycler for drop-off. Notify the e-commerce website and the seller you received a fraudulent battery and demand a refund, or cancel the charge on your credit card or Pay-Pal account.

You may have additional legal remedies which vary by state. For example, California's Consumer Legal Remedy Act (California Civil Code §1782) has protections of $1,000 to $5,000, plus damages, for fraudulent items.

The CPSC urges consumers to report problems with lithium-ion batteries to CPSC at: www.SaferProducts.gov.