Ebay Faces Up to $2 Billion in Fines for Pollution-Inducing Products
Ebay is currently under scrutiny for allegedly allowing the sale of over 343,000 aftermarket “rolling coal” devices, which disable motor vehicle emission controls. The Justice Department has filed a complaint in Brooklyn federal court, accusing Ebay of violating the Clean Air Act. According to the lawsuit, these products were sold between November 2015 and January 2023, with each device subject to a fine of $5,580. This could result in a total penalty of up to $2 billion. The Environmental Protection Agency is representing the federal agency in this case.
These devices are designed to override emissions controls in diesel trucks, boosting their power and causing them to emit excessive black exhaust known as “roll coal.” Some drivers use these products to antagonize electric or hybrid vehicles and bicyclists. However, the Environmental Protection Agency states that coal rolling significantly contributes to air pollution due to the release of nitrogen oxide. Studies have also shown that exposure to exhaust fumes increases the risk of respiratory issues such as asthma and bronchitis.
The EPA also alleges that Ebay unlawfully sold over 23,000 pesticide products, including a banned high toxicity insecticide, and more than 5,600 products containing methylene chloride, a toxic chemical.
“Laws that prohibit selling products that can severely harm human health and the environment apply to e-commerce retailers like Ebay just as they do to brick-and-mortar stores,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in a statement. “We are committed to preventing the unlawful sale and distribution of emissions-defeating devices and dangerous chemicals that, if used improperly, can lead to dire consequences for individuals and communities.”
In response, Ebay has called the government’s claims unprecedented and vowed to defend itself. The company states that it already removes over 99.9% of the listed products cited by the DOJ, but acknowledges the need for further action. Ebay emphasizes its partnership with law enforcement agencies in preventing the sale of dangerous or illegal items on its platform.
In a related case, California parts maker Sinister Mfg. Co. pleaded guilty to tampering with the monitoring device of a diesel truck’s emissions control system. They agreed to pay $1 million in fines for selling nearly 40,000 defeat devices that disable vehicles’ exhaust gas recirculation systems.
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