The Environmental Protection Agency and Department of Justice this week filed a complaint against eBay. The complaint alleges eBay allows the unlawful selling of pesticides, violating the Clean Air Act, the Federal Insecticide, Fungicide, and Rodenticide Act, commonly known as FIFRA and the Toxic Substances Control Act.
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. The complaint also alleges that eBay has unlawfully distributed or sold at least 23,000 such products, and that some of those sales directly violate a stop sale order issued to eBay in 2020 and amended in 2021. Examples of these pesticides include a high-toxicity insecticide banned in the U.S., restricted-use pesticides that only certified applicators may apply, and products fraudulently claiming to protect users against SARS-CoV-2.
The complaint also targets aftermarket parts that defeat motor vehicle emission controls.