FDNY is trying to curb lithium-ion battery fires, but online sellers may be putting New Yorkers at risk
NEW YORK -- While lithium-ion battery safety has been a top FDNY priority, and hundreds of businesses have been inspected and/or ticketed, a CBS News New York investigation has found online loopholes are creating major risks.
In February, Fazil Khan, a Columbia grad with a bright future, died in a lithium-ion battery fire at his apartment building in Harlem. The 27-year-old's friend Kwasi Gyamfi Asiedu is still heartbroken.
"And I still didn't believe it until the day of the funeral because I thought there's got to be some mix-up somewhere, there's a mistake," Asiedu said.
Firefighters performed daring rope rescues and 17 people were injured by the fire, which started on the floor below Kham's apartment.
"Now I'm in tune to it a lot more, and when I see delivery drivers, delivery workers using their e-bikes, I wonder where are they charging it? How safe is it for them and for their neighbors as well?" Asiedu said.
FDNY says battery safety campaign is preventing fire deaths
The FDNY believes their awareness campaign is one reason the number of New Yorkers killed by lithium-ion battery fires is down to five this year, compared to 14 by this time in 2023.
"It's a top priority of mine and a top priority of the department," FDNY Commissioner Robert Tucker said.
"We're at, pretty close to the same amount of fires that we had this time last year. However, we have 32 less structural fires. So that to me means that people are heeding that message. When possible, you keep these things outside," FDNY Chief Fire Marshal Daniel Flynn said.
New York City is also trying to ensure the only e-bike batteries sold in the five boroughs are safe and certified by an accredited lab, like UL. It's legally required as of last year. Since then, the city has issued 275 violations to brick and mortar stores for allegedly selling or renting out uncertified e-bikes, scooters or batteries and 25 to online retailers, including one to Amazon in February.
Sellers falsely advertised certified batteries on Amazon, UL says
Nonetheless, CBS News New York was able to order two different batteries off Amazon and had them shipped to Manhattan.
Each listing described the batteries as having "passed the UL test." The third-party seller refused to send us proof of that because of a "need to keep them secret" from competitors, but UL says it never certified either battery.
"It's very concerning to us," said Dr. Robert Slone, with UL Solutions. "It's a very serious issue because it places the public at risk. There's no assurance that that product has actually been tested or seen at all."
Both UL and FDNY praised Amazon for a feature that blocks many batteries from being shipped to New York City.
"They've been extremely receptive and cooperative. It's a big platform. I don't think they're doing that intentionally," Tucker said.
Amazon would not agree to an interview, but said those batteries are now restricted and that it strives to ensure compliance with safety laws.
An Amazon spokesperson said:
"We strive to ensure all products offered in our store comply with applicable laws, regulations and Amazon policies—including NYC Local Law 39. We ensure our selection meets industry-accepted standards, and we develop innovative tools to prevent the sale of unsafe products. We continuously monitor our store, and if we discover a product was undetected by our automated checks, we address the issue immediately and refine our controls. We take action to maintain a safe selection for our customers, including removing noncompliant products, and outreach to sellers, manufacturers, and government agencies, such as DCWP, for additional information, when appropriate."
Amazon challenged violation issued by NYC Department of Consumer and Worker Protection
As for that February violation? Amazon challenged it and a hearing officer ruled in the company's favor, which the New York City Department of Consumer and Worker Protection is now appealing.
"We need federal action to take place because when it comes to online, it's going to be very difficult to monitor in the same way that has been ongoing to the brick and mortar places," said Vilda Vera Mayuga, the department's commissioner.
Products that are certified by UL usually have a holographic sticker with the lab's logo. But we also found a label printer on Alibaba.com that used photos of UL stickers to advertise its services and agreed to send them to us.
UL says they are not an authorize label printer.
A statement from Alibaba said:
"Alibaba.com is committed to upholding the highest standards for product listings, and strictly prohibits the sale of unauthorized or counterfeit items. Upon receiving notification of such listings, we promptly removed them from our platform and initiated enforcement actions against the responsible seller.
We pledge to remain vigilant and proactive in addressing any violations of applicable laws or our platform rules, reaffirming our commitment to maintaining the integrity of our marketplace."
The FDNY said firefighters found a fake UL sticker on a charger in a home after a deadly fire in Queens last year.
