DOJ accuses eBay of violating Clean Air Act by allowing sales of harmful products

The Justice Department filed a lawsuit Wednesday on behalf of the Environmental Protection Agency against eBay, which it accuses of selling harmful products, according to a press release.

“The Justice Department filed a complaint against eBay Inc. today for unlawfully selling and distributing hundreds of thousands of products in violation of the Clean Air Act (CAA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA),” the press release read.

The DOJ said eBay “sold, offered for sale or caused the sale” of over 340,000 devices that raise emissions for carbon monoxide and other particulate matter and that defeat efforts to lower motor vehicle emissions.

The department also alleged that eBay “unlawfully” distributed or sold “at least 23,000 unregistered, misbranded or restricted-use pesticide products, even in violation of a stop sale order EPA issued to eBay in 2020 and amended in 2021.”

“Examples include a high toxicity insecticide banned in the United States, restricted use pesticides that only certified applicators may apply and products fraudulently claiming to protect users against the SARS-CoV-2 virus,” the press release continues.

DOJ said the e-commerce giant also “distributed over 5,600 items” in violation of a rule that bars retailers from “distributing in commerce products” that have methylene chloride in them “or paint and coating removal.”

“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,” Assistant Attorney General Todd Kim of the DOJ’s Environment and Natural Resources Division (ENRD) said in a statement in the release. “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.”

eBay issued a statement in response to the Justice Department, saying it “intends to vigorously defend itself” and arguing that “[t]he Government’s actions are entirely unprecedented.”

“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,” the statement read.

“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. 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.”