Justice Department Files Complaint Alleging Environmental Violations by eBay

[Elderberry]

Justice.gov 9/27/2023

https://www.justice.gov/opa/pr/justice-department-files-complaint-alleging-environmental-violations-ebay

Lawsuit Alleges that eBay Sold Unlawful Pesticides, Prohibited Products Containing a Restricted Chemical and Illegal Devices that Defeat Pollution Controls on Motor Vehicles

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 complaint was filed on behalf of the U.S. Environmental Protection Agency (EPA) in federal court in Brooklyn.

The complaint alleges that eBay sold, offered for sale or caused the sale of more than 343,000 aftermarket defeat devices, which defeat motor vehicle emission controls, a violation of the CAA. Aftermarket defeat devices significantly increase pollution emissions – including carbon monoxide, nitrogen oxides, particulate matter and nonmethane hydrocarbons – that harm public health and impede efforts by the EPA, states, Tribes and local agencies to plan for and attain air quality standards.

The complaint also alleges that eBay has violated FIFRA by unlawfully distributing or selling 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.

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

“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,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “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.”

[catfish1957]

Not trying to send any messages, but in my long experience in the environmental field, FIFRA infractions are among the most rare and difficult regulatory infractions for the DOJ/EPA to enforce.

Unless things have changed post early 2010's.....  most of FIFRA backbone was written in the 1980's and constructed pretty vaguely.   

CAA?  The reauthorization they did in the early 2010's turned them into a gestapo operation.  I had to constantly remind my staff that paper work glitches could get them jail time.