US DOJ files lawsuit against eBay for selling harmful products

eBay said that it is blocking and removing more than 99.9% of the listings for products cited by the DOJ.

Jangoulun Singsit September 28 2023

The US Justice Department (DOJ), on behalf of the US Environmental Protection Agency (EPA), has filed a lawsuit against e-commerce company eBay for environmental violations.

Filed in the federal court in Brooklyn, the complaint accuses eBay of selling and distributing hundreds of thousands of products that violate the Clean Air Act (CAA), the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

The e-commerce company allegedly sold, offered for sale, or caused the sale of more than 343,000 aftermarket defeat devices, which are said to increase pollution emissions, including carbon monoxide and nitrogen oxides.

The retailer has also engaged in unlawfully distributing or selling at least 23,000 unregistered, misbranded, or restricted-use pesticide products, violating the FIFRA.

In addition, the complaint accused eBay of violating the TSCA Methylene Chloride Rule by distributing more than 5,600 items.

The rule forbids retailers from distributing products that contain methylene chloride for paint and coating removal.

Justice Department Environment and Natural Resources Division (ENRD) assistant attorney general Todd Kim said: “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.

“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 to the lawsuit, eBay said that it is blocking and removing more than 99.9% of the listings for the products cited by the DOJ.

The retailer also claimed to have partnered with law enforcement, including the DOJ, to identify emerging risks and help with prevention and enforcement.

In a statement, eBay said: “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.”

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