United States Files Civil Complaint Against eBay Alleging its Sales of Illicit Products Results in Environmental Harm

BROOKLYN, NY — The United States, on behalf of the U.S. Environmental Protection Agency (EPA), filed a civil complaint today in federal court in Brooklyn against eBay Inc. (eBay) 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 complaint was filed in federal court in Brooklyn.

Breon Peace, United States Attorney for the Eastern District of New York, Todd Kim, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, and David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, announced the filing.

“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,” stated United States Attorney Peace.  “Together with our partners, this Office will vigorously enforce federal law against those whose conduct endangers public health and the environment.”

“Laws prohibiting the sale of products that harm human health and the environment apply to e-commerce retailers just as they do to brick-and-mortar stores,” stated Assistant Attorney General Kim.  “The Department of Justice will pursue violators of these laws regardless of their place in the sale or distribution chain.” 

“Our nation’s environmental laws protect public health and the environment by prohibiting the unlawful sale of defeat devices; unregistered, misbranded and restricted use pesticides; and unsafe products containing toxic chemicals such as methylene chloride,” stated EPA Assistant Administrator Uhlmann. “The complaint filed today demonstrates that EPA will hold online retailers responsible for the unlawful sale of products on their websites that can harm consumers and the environment.”

The Clean Air Act prohibits selling, offering for sale, or causing the sale or offer of aftermarket parts that defeat motor vehicle emission controls (commonly known as “aftermarket defeat devices”).  Today’s complaint alleges that eBay sold, offered for sale or caused the sale of more than 343,000 such devices.  By enabling vehicle emission controls to be evaded, aftermarket defeat devices contribute to air pollution and harm public health.  They also impede efforts by the EPA, states, tribes, and local agencies to plan for and meet air quality standards.  For example, the use of defeat devices significantly increases emissions of particulate matter, carbon monoxide, nitrogen oxides and nonmethane hydrocarbons.

FIFRA prohibits the unlawful distribution or sale of unregistered, misbranded, and restricted use pesticides, and authorizes EPA to issue Stop Sale, Use, or Removal Orders to anyone with ownership, custody or control of such pesticides being unlawfully sold or distributed.  Today’s complaint alleges that eBay unlawfully distributed or sold at least 23,000 such pesticides, and that some of those sales were in direct violation of a stop sale order issued to eBay in 2020 and amended in 2021. Examples of the pesticides at issue include a high toxicity insecticide banned in the U.S., a restricted use pesticide that only certified applicators may apply, and a product falsely claiming to protect users against the SARS-CoV-2 virus.

TSCA’s Methylene Chloride Rule prohibits retailers from distributing in commerce products containing methylene chloride for paint and coating removal to prevent unreasonable risks, including the risk of death, presented by these types of products. The complaint alleges that eBay has distributed over 5,600 items in violation of TSCA’s Methylene Chloride Rule.

The complaint seeks a Court order that eBay’s business practices as an e-commerce retailer violated the CAA, FIFRA, and TSCA and injunctive relief to enjoin eBay from further violations of the CAA, FIFRA, and TSCA, as well as civil penalties for each violation of the CAA.

The lawsuit is being handled by Assistant United States Attorneys Michael Blume and Paulina Stamatelos of the United States Attorney’s Office for the Eastern District of New York, James Freeman, Senior Attorney, Environmental Enforcement Section, working with Caitlin Meisenbach, Lindsay Simmons, and Adrienne Trivedi from EPA’s Office of Enforcement and Compliance Assurance.

In June 2021, the United States Attorney’s Office for the Eastern District of New York created an Environmental Justice Team within the Office’s Civil Division. The focus of the Environmental Justice Team is the protection of the rights of residents of the Eastern District of New York who are disproportionately burdened by environmental and health hazards.