The Department of Justice (DOJ) has taken legal action against eBay, accusing the online marketplace of engaging in unlawful sales and distribution of various products that pose environmental and public health risks.
The allegations include the distribution of restricted and mislabeled pesticides and the sale of defeat devices that tamper with vehicle emissions controls and paint thinners containing methylene chloride.
DOJ vs. eBay
The DOJ's complaint, filed in federal court in Brooklyn, New York, on behalf of the US Environmental Protection Agency (EPA), outlines eBay's alleged violations of environmental laws.
It asserts that eBay has sold over 343,000 aftermarket defeat devices, which can bypass motor vehicle emission controls, resulting in increased pollution emissions harmful to public health and detrimental to air quality standards set by environmental agencies.
Additionally, eBay is accused of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by distributing or selling at least 23,000 unregistered, misbranded, or restricted-use pesticide products.
That includes hazardous insecticides, restricted-use pesticides, and products falsely claiming protection against the SARS-CoV-2 virus, all posing significant risks to users.
Furthermore, the complaint alleges that eBay has distributed over 5,600 items in violation of the Toxic Substances Control Act (TSCA) Methylene Chloride Rule. This rule prohibits retailers from distributing in commerce products containing methylene chloride for paint and coating removal due to associated health hazards, including death.
Assistant Attorney General Todd Kim of the DOJ's Environment and Natural Resources Division emphasized that laws prohibiting the sale of products detrimental to human health and the environment apply to e-commerce platforms like eBay as much as to physical stores.
The EPA's Assistant Administrator, David Uhlmann, reinforced this, emphasizing the importance of holding online retailers accountable for selling potentially harmful products.
"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.
The lawsuit seeks a court order against eBay, asserting that the company's e-commerce practices violated environmental laws, and calls for injunctive relief to prevent further violations, along with civil penalties for specific violations of the Clean Air Act.
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eBay's Response
In response, eBay issued a statement asserting its dedication to maintaining a safe marketplace and highlighting the extensive measures taken to prevent prohibited items from being listed.
The company emphasized its ongoing partnership with law enforcement agencies, including the DOJ, to address emerging risks and enforce compliance. eBay also expressed its intention to vigorously defend itself against the unprecedented legal action.
"We dedicate significant resources, implement state-of-the-art technology and ensure our teams are properly trained to prevent prohibited items from being listed on the marketplace. Indeed, eBay is blocking and removing more than 99.9% of the listings for the products cited by the DOJ, including millions of listings each year," the company said in a press statement.
"And eBay has partnered closely with law enforcement, including the DOJ, for over two decades on identifying emerging risks and assisting with prevention and enforcement," it added.
eBay called the government's actions "entirely unprecedente" and said that it is ready to defend itself.
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