The U.S. Department of Justice (DoJ) filed a lawsuit against eBay, Inc. in a Brooklyn Court on Wednesday for allegedly violating the Clean Air Act and other environmental laws and for permitting users to sell harmful products that don’t align with automobile pollution controls.
The complaint, filed on behalf of the U.S. Environmental Protection Agency, claims that eBay “sold, offered for sale, or caused the sale” of more than 343,000 aftermarket defeat devices and states that eBay is facing penalties of $5,580 for each Clean Air Act violation, the DoJ said in a press release. The identified devices raise carbon monoxide emissions.
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Aside from its claim that eBay violated the Clean Air Act, the DoJ also accused eBay of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA). Additional violating items for sale on the site allegedly 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 DoJ added in its release that of the products listed and/or sold, “at least 23,000 were unregistered, misbranded, or restricted-use pesticide products,” which falls under the FIFRA violation, while it accused eBay of allegedly distributing 5,614 paint and coating removal products that contain methylene chloride, which has been linked to brain and liver cancer and non-Hodgkin lymphoma.
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When asked for comment, eBay directed Gizmodo to its statement which denied the allegations, calling the government’s claim “entirely unprecedented.” The company said it “intends to vigorously defend itself,” claiming it is dedicated to removing prohibited items from its site, and has allegedly already removed 99.9% of the listings the DoJ cited in its complaint.
“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 its statement. “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,” it added.
In its statement, eBay claimed it has worked closely with law enforcement, including the DoJ for more than two decades to meet environmental regulations. Despite eBay’s claims, the DoJ requested a court order stating “eBay’s business practices as an e-commerce retailer violated the CAA, FIFRA and TSCA and requests injunctive relief to enjoin eBay from further violations of these laws, as well as civil penalties for CAA violations.”
“eBay’s sale of emission control defeat devices, pesticides, and other unsafe products poses unacceptable risks to our communities disproportionately impacted by environmental and health hazards,” U.S. Attorney Breon Peace said. He added: “Together with our partners, this office will vigorously enforce federal law against those whose conduct endangers public health and the environment.”
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The DoJ did not immediately respond to Gizmodo’s request for comment.
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