This is the single most recurring compliance trap across our market coverage so far — whether a battery can be charged and whether a battery can be removed by the user are two completely independent tests, but they're easy to treat as the same thing. This piece pulls together what we know about battery-form requirements across markets into one comparison table.
Why this distinction matters
Products like the FOGGAR (1000mAh) or Kyn Bar (650mAh) market "Type-C fast charging" as a selling point, which sounds like a move toward being more sustainable — but if the battery is soldered into the body with no way for the user to remove it, some markets' regulatory logic treats that device the same as a fully non-rechargeable traditional disposable: non-compliant. Fast-charge capability on its own doesn't upgrade a device into compliant status.
Battery-form requirements by market
| Market | Requirement | Effective | Note |
|---|---|---|---|
| New Zealand | Battery must be removable | Already in effect (June 2025) | The clearest requirement we've found so far |
| EU | Devices with non-replaceable batteries banned | From February 2027 | A separate regulation from the TPD (the Battery Regulation) |
| Australia | Only refillable devices permitted for retail sale | Already in effect (since 2024) | The test is device form factor, not exactly the same as "battery removable" |
| US | No federal battery-form mandate currently | — | But given the broader trend of tightening FDA enforcement, this shouldn't be assumed to stay unregulated indefinitely |
| UK | Non-rechargeable disposables banned, but no New-Zealand-style additional requirement that a rechargeable device's battery be removable | From June 2025 (for the ban portion) | Unlike New Zealand, the UK's current test is "can it charge," not "can the battery be removed" |
Three different tests — not interchangeable
Worth being precise about: within the broader "battery form" category, there are at least three distinct tests in use:
- Can it charge at all (the UK's test) — non-rechargeable traditional disposables are non-compliant; anything rechargeable (regardless of battery removability) is compliant
- Can the battery be removed (New Zealand's current test, and the EU's from 2027) — even a rechargeable device is non-compliant if the battery is soldered in and non-removable
- Is the device a refillable pod system (Australia's test) — a purely prefilled disposable device is non-compliant even with a removable battery; it needs to actually be a refillable-pod product form
In other words, the same device can pass one market's test and fail another's — "this device is compliant in the UK" cannot be assumed to carry over to New Zealand or the EU.
Practical guidance for product selection
- Ask suppliers directly whether the battery compartment is physically removable — not just whether it supports charging. These are different questions with potentially different answers.
- If your target market mix includes both the US and the EU/New Zealand, you likely need two separate product lines: high-capacity fast-charge disposables for the US, and genuinely battery-removable or refillable-pod devices for the EU/New Zealand/Australia
- The EU's February 2027 timeline is fixed. If current inventory leans heavily toward "fast-charge but non-removable battery" devices, plan EU-channel stock turnover to avoid getting caught around the effective date
(General information only, not legal advice — consult a lawyer familiar with compliance in your target market before making business decisions.)