EPA v. eBay Inc.

Case summary

As part of a multimedia enforcement action (CAA (HQ-2021-0008), TSCA and FIFRA), DOJ filed a complaint against 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 against eBay Inc. ( eBay ) includes violations of the Methylene Chloride Rule, 40 C.F.R. Part 751.101 et seq., issued under Section 6 of the Toxic Substances Control Act ( TSCA ), 15 U.S.C. Section 2605, and violations of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA ), as amended, 7 U.S.C. Sections 136 - 136y. eBay has distributed in commerce or made available to consumer end users, methylene chloride or methylene chloride containing items for paint or coating removal in violation of TSCA and the Methylene Chloride Rule. eBay has also distributed or sold unregistered, misbranded, and restricted-use pesticides through its web platform in violation of FIFRA. Further, the EPA issued a FIFRA Stop Sale Use or Removal Order ( SSURO ) to eBay that required the company to cease its unlawful distributions or sales. eBay violated the terms of the SSURO by continuing to sell products subject to the order; violation of a SSURO is a separate violation of FIFRA.

Defendants (1)

• eBay Inc.Named in complaint

Facilities (1)

• EBAY, INC

  2025 HAMILTON AVE, SAN JOSE, CA, 95125

  Registry ID: 110070739670

Statutes cited

• FIFRA 12A2F — Restricted Usage
• FIFRA 12A1E — Adulterated/Misbranded
• TSCA 6-PCBS — PCBS
• FIFRA 12A1A — Unregistered Pesticide

Timeline (3 milestones)

• 2021-09-30Referred To Dept Of Justice
• 2021-10-06Enforcement Action Data Entered
• 2023-09-27Complaint Filed With Court