DOJ Accuses eBay of Facilitating Sales of Harmful Products in Violation of the Clean Air Act

In a press release, the Justice Department announced that it has filed a lawsuit against eBay on behalf of the Environmental Protection Agency (EPA). The lawsuit accuses eBay of selling harmful products that violate various environmental regulations, including the Clean Air Act, the Federal Insecticide, Fungicide, and Rodenticide Act, and the Toxic Substances Control Act.

The DOJ alleges that eBay sold or distributed over 340,000 devices that increase emissions of carbon monoxide and other harmful particulate matter, undermining efforts to reduce vehicle emissions. Additionally, the department claims that eBay unlawfully distributed or sold at least 23,000 unregistered, misbranded, or restricted-use pesticide products, even though the EPA had issued a stop sale order to eBay in 2020 and amended it in 2021.

Examples of the alleged violations include the sale of a highly toxic insecticide banned in the United States, restricted-use pesticides that can only be applied by certified applicators, and products falsely claiming to protect against the SARS-CoV-2 virus.

The DOJ further asserts that eBay violated a rule prohibiting retailers from distributing products containing methylene chloride or paint and coating removal. According to Assistant Attorney General Todd Kim of the DOJ’s Environment and Natural Resources Division, laws that prohibit the sale of products harmful to human health and the environment apply to e-commerce retailers like eBay just as they do to physical stores. The DOJ is committed to preventing the unlawful sale and distribution of emissions-defeating devices and dangerous chemicals.

In response to the Justice Department, eBay issued a statement vowing to vigorously defend itself, emphasizing its dedication to preventing prohibited items from being listed on its marketplace. eBay claims that it blocks and removes over 99.9% of the listings for the cited products, partnering closely with law enforcement, including the DOJ, for over two decades to identify emerging risks and assist with prevention and enforcement.

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