Colorado Attorney General Warns E-Bike Retailers About Misleading Sales

October 16, 2026 — Colorado — Colorado Attorney General Phil Weiser is warning e-bike retailers that misleading buyers about what qualifies as an electric bicycle can violate state consumer protection law. In an October 12 public advisory, the attorney general’s office emphasized that shoppers need accurate information about a vehicle’s speed, motor power and legal classification before they buy.

The warning is especially relevant to parents shopping for younger riders and anyone looking at powerful electric two-wheelers advertised online as “e-bikes.” Some of those vehicles may legally be motor vehicles instead of bicycles, with very different rules for public roads and trails.

What Did Colorado’s Attorney General Say?

Weiser’s office issued the advisory following Colorado’s passage of House Bill 25-1197, which took effect in August 2025 and strengthened e-bike marketing and labeling requirements. The advisory does not create a new e-bike ban; it explains existing requirements and signals concern about potentially misleading sales.

“Retailers need to clearly explain what they’re selling,” Weiser said in the announcement. He stressed the importance of shoppers knowing how fast and powerful a vehicle is and whether it actually qualifies as an e-bike.

What Colorado Retailers Must Disclose

Under Colorado Revised Statutes § 42-4-221, sellers of qualifying electric bicycles must tell buyers:

• Motor power: The motor’s wattage.
• Maximum speed: How fast the bike is capable of going.
• E-bike class: Whether the bike is Class 1, Class 2, Class 3 or a multiple-mode e-bike.
• Class 3 age restriction: For Class 3 and qualifying multiple-mode bikes, a statement that riders under age 16 cannot legally operate a Class 3 e-bike in Colorado.

The law also restricts how retailers describe vehicles that do not qualify as e-bikes. A seller cannot falsely label such a vehicle as a Class 1, 2 or 3 e-bike. Using terms like “e-bike” for a nonqualifying motor vehicle triggers a prominent statutory disclosure explaining that it is not an e-bike under Colorado law, may be subject to motor-vehicle laws on public roads or lands, and may not be covered by a buyer’s insurance. The disclosure must appear in relevant in-store, website and social-media marketing.

How to Tell an E-Bike From an Electric Motorcycle

Colorado’s standard three-class framework distinguishes electric bicycles by how the motor works and how fast assistance is provided:

• Class 1: Pedal assistance only, cutting off at 20 mph.
• Class 2: Motor assistance up to 20 mph, including throttle operation.
• Class 3: Pedal assistance only, cutting off at 28 mph, with a speedometer.

A vehicle with a motor above the state’s qualifying power limit or performance outside the legal e-bike classes may be an electric motorcycle or another type of motor vehicle, regardless of what its product listing calls it. Simply having pedals does not automatically make a high-powered vehicle a legal e-bike.

Colorado’s e-bike motor limit is 750 watts. The state’s definition also excludes vehicles designed, manufactured, modified or intended to be easily configured outside the legal classes, including through a switch, software setting or app. A legal mode alone does not necessarily make a convertible high-powered vehicle an e-bike.

That distinction matters because motor vehicles can face licensing, registration, insurance and access requirements that do not apply to qualifying e-bikes. Check our Colorado e-bike laws guide for more on state riding rules.

Battery Certification and Upcoming Label Changes

Colorado’s 2025 law also requires qualifying e-bike lithium-ion batteries, including second-use batteries, to be certified by an accredited testing laboratory to an applicable safety standard. The law specifies how certification information must be displayed, with exceptions for certain secondhand sales and rentals.

Beginning January 1, 2027, manufacturers and distributors of new multiple-mode e-bikes must label them with their highest class or each class in which they can operate.

Why This Matters to Buyers

Picture a parent buying what a website calls an e-bike for a teenager. If the vehicle is actually a higher-powered motor vehicle, the family could discover after delivery that it cannot be ridden legally in the places they expected. Insurance coverage could also be an issue if a crash occurs.

The problem isn’t that powerful electric motorcycles exist. It’s that buyers should know what they’re purchasing. A product page should not make an electric motorcycle sound like an ordinary bicycle just to attract customers.

What to Check Before Buying an E-Bike Online

• Look for a clearly stated motor wattage, not just vague claims about peak power.
• Check the maximum motor-assisted speed and whether throttle and pedal-assist modes operate differently.
• Find the seller’s stated Class 1, 2 or 3 designation and compare it with your state’s definitions.
• Be cautious of products advertised as street-legal e-bikes while also claiming motorcycle-like speeds.
• Review the age, helmet and location rules where the bike will actually be ridden.
• Ask the retailer for clarification in writing if specifications or classifications conflict.

Our electric bike buying guide covers other details worth checking before spending money on a new bike.

Is Colorado Taking Enforcement Action?

The October 12 announcement is a public advisory, not a finding that a particular named retailer violated the law. The attorney general’s office has signaled that it intends to investigate and pursue enforcement against retailers violating the rules. Misleading classification and advertising can constitute a deceptive trade practice under Colorado’s Consumer Protection Act. Colorado residents concerned about a misleading sale can visit StopFraudColorado.gov for consumer complaint information.

My Take

I think this is an important reminder for both sellers and shoppers. I regularly see electric two-wheelers promoted with impressive speed and power figures, but those numbers aren’t useful if the listing leaves buyers confused about where they can legally ride. Retailers should be upfront about what they’re selling, and consumers shouldn’t have to dig through fine print to figure out whether a product is actually an e-bike.

Bottom line: Colorado isn’t warning people away from electric bicycles. It’s warning retailers to stop blurring the line between legal e-bikes and higher-powered motor vehicles.

Sources

• Colorado Attorney General — October 12, 2026 advisory
• Full public advisory (PDF)
• Colorado Revised Statutes § 42-4-221