Ah, now I understand what you mean. Yes, the stock C80 would indeed legally be a Class 2 ebike in California, by virtue of its operable pedals, whether or not it’s actually practical to use the pedals. That the marketing material suggests the C80 is used primarily with its throttle is no different than other Class 2 ebikes which are often ridden throttle-only, as many city dwellers have come to fear.

As for the unlock to Class 3, I wonder how they do that: California’s Class 3 does not allow throttle-only operation, requiring some degree of pedal input.

The spectrum of two-wheelers in California include: bicycles, ebikes (class 1, 2, 3), scooters, mopeds (CVC 406), motor-driven cycles, and motorcycles (aka motorbikes; CVC 400)

The “moped” category, one which has almost been forgotten to the 1970s, has seen a resurgence: the now-updated law recognizes 30 mph, electric, 4 HP (3 kW) max two- or three-wheelers. These mopeds are street legal, bike lane legal, don’t have annual registration, no insurance requirement, but do need an M1/M2 license. These CVC 406 mopeds are not freeway legal, but darn if they’re not incredibly useful for in-town riding.

I could get myself an electric dirt bike and plates for it, 100% legally.