SAN DIEGO — San Diego County officials are considering legal action against companies that they say are misleading consumers by marketing electric motorcycles as e‑bikes, a move prompted by a sharp rise in injuries and confusion among families about what constitutes a legal e‑bike.
County officials cite injury spike, consumer confusion
Public health and safety authorities say injuries tied to electric bicycles have jumped in recent years. San Diego Public Health Officer Dr. Sayone Thihalolipavan described the trend as "alarming," noting that reported e‑bike injuries statewide rose from two in 2018 to more than 1,500 in 2024. That increase has prompted closer scrutiny of the devices being sold to consumers.
During summer e‑bike training classes, county staff encountered instances where parents arrived expecting a pedal‑assisted bicycle for their child but had actually purchased a machine that functions like a motorcycle, officials said. In some cases, those devices are capable of speeds exceeding 40 mph.
"If it doesn't have pedals, it's not an e‑bike," said Kevin Barros of the County Bike Coalition.
Possible legal targets and the board vote
County leaders plan to ask the full board of supervisors to vote on a proposal that, if approved, would authorize San Diego County to pursue legal claims against businesses alleged to be using deceptive advertising. The proposed action would allow the county to sue manufacturers, distributors and retailers that it alleges misrepresent electric motorcycles as e‑bikes.
- Targeted business categories: manufacturers, distributors, retailers.
- Board action: full board vote scheduled for Tuesday.
- Consumer protection standard cited: truth in advertising under state and federal law.
Consumer attorney Joe Villasenor told county officials that truth in advertising is a fundamental consumer protection and that businesses may not directly or indirectly mislead buyers about "material facts" of their products.
Local consequences and enforcement challenges
If the board approves the measure, the county could begin investigations and file lawsuits aimed at stopping what officials characterize as deceptive marketing. County staff did not provide a timeline for any potential litigation in the materials shared publicly.
Officials say the distinction between a legal e‑bike and an electric motorcycle is a critical consumer and safety issue. Pedal‑assisted e‑bikes generally fall under different regulatory and equipment rules than electric motorcycles, which can pose greater risks to inexperienced riders, especially youth.
| Year | Reported e‑bike injuries (statewide) |
|---|---|
| 2018 | 2 |
| 2024 | 1,500+ |
Board Supervisor Terra Lawson‑Remer described the county's experience at the training classes as an "eye‑opener," saying families sometimes learned only at the class that the machines they brought were not what they believed. County staff and advocates have argued that clearer advertising, labeling and retailer disclosures are needed to prevent dangerous mismatches between riders and vehicles.
Advocates for bicycling and safety groups have pushed for better public education and enforcement while consumer advocates said legal action could reinforce compliance with advertising laws. County officials said they would present the proposed authority to pursue legal claims to the board for a vote on Tuesday.
Any further details about the legal strategy, potential defendants or remedies being sought will depend on what the board authorizes and on the results of county review and investigation.
