United States of America: Announced lawsuit against eBay over alleged environmental violations (Justice Department v eBay)

On 27 September 2023, the US Justice Department filed a complaint against eBay before the US District Court for the Eastern District of New York alleging multiple environmental violations. This is one of the first complaints asserting that laws prohibiting selling products that can severely harm human health and the environment apply to e-commerce retailers. The complaint asserts that eBay unlawfully sold and distributed products in violation of the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA). Specifically, eBay is accused of selling over 343'000 aftermarket defeat devices that bypass motor vehicle emission controls, leading to increased pollution emissions harmful to public health. Further, eBay allegedly distributed or sold at least 23'000 unregistered, misbranded, or restricted-use pesticide products, even in defiance of a stop sale order issued by the US Environmental Protection Agency (EPA) in 2020 and amended in 2021. These products include banned insecticides and others falsely claiming to protect against the SARS-CoV-2 virus. Moreover, eBay is accused of distributing over 5'600 items that violate the TSCA Methylene Chloride Rule, which prohibits retailers from selling products containing methylene chloride for paint and coating removal due to health risks. The complaint seeks a court order to stop eBay's alleged violations and requests injunctive relief to prevent further breaches of these environmental laws. Additionally, the lawsuit seeks civil penalties for CAA violations.