DOJ Accuses eBay of Selling Products That Violate Environmental Laws

The United States Justice Department has filed a complaint against eBay, accusing the online marketplace of unlawfully selling and distributing products that violate environmental regulations.

The complaint, filed on behalf of the U.S. Environmental Protection Agency (EPA), alleges that eBay violated the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA), the Justice Department said in a Wednesday (Sept. 27) press release.

“Laws that prohibit selling products that can severely harm human health and the environment apply to eCommerce retailers like eBay just as they do to brick-and-mortar stores,” Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) said in the release.

Responding to the filing of the complaint, eBay said in a Wednesday press release that the government’s actions are “entirely unprecedented” and that the company intends to defend itself.

“Maintaining a safe and trusted marketplace for our global community of sellers and buyers is a fundamental principle of our business at eBay,” the company said in the release. “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.”

eBay added in the release that it blocks and removes millions of items each year — including 99.9% of the listings for products cited by the Justice Department — and partners with law enforcement to identify emerging risks.

The Justice Department’s complaint specifically accuses eBay of selling or offering for sale over 343,000 aftermarket defeat devices, which are used to defeat motor vehicle emission controls, according to the press release. These devices significantly increase pollution emissions.

Furthermore, the complaint alleges that eBay unlawfully distributed or sold at least 23,000 unregistered, misbranded or restricted-use pesticide products, the release said. This includes an insecticide banned in the U.S., restricted-use pesticides that only certified applicators may apply, and products that make fraudulent claims.

Lastly, eBay is accused of distributing over 5,600 items in violation of the TSCA Methylene Chloride Rule, which prohibits retailers from distributing products containing methylene chloride for paint and coating removal due to the risks they pose, including death, per the release.

The lawsuit seeks a court order to enjoin eBay from further violations and requests civil penalties for CAA violations, according to the press release.