Feds Declare War On eBay's Dodgy Automotive Parts

The Department of Justice (DOJ) has filed a federal lawsuit against eBay for unlawfully selling products banned by the Clean Air Act. The lawsuit was filed on behalf of the US Environmental Protection Agency (EPA) in Brooklyn, and it concerns the sale of more than 343,000 emissions defeat devices for vehicles, 23,000 "unregistered, misbranded or restricted-use" pesticides, and more than 5,600 paint stripping items that contain the illegal substance, Methylene Chloride.

"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."

This is not the first time the DOJ and EPA have teamed up, but traditionally, it has gone after smaller businesses. In 2021, it sued EZ Lynk to put a stop to rolling coal.

The main complaint with relation to the automotive industry is obviously the emissions defeat devices, though we were under the impression eBay had already caved roughly a year ago. In November 2022, eBay announced that it was banning aftermarket parts that aren't compliant with emissions regulations. Still, eBay plays a massive role in the automotive culture, and each year, it publishes a list of the most expensive automotive-related products sold on the website. Over the last year, the most expensive item sold was the 4.4-liter twin-turbocharged V8 from a BMW M5, which sold for nearly $18,000.

The government is perfectly happy with you buying a used twin-turbocharged V8, but it has an issue with defeat devices (whether hardware or software), throttle response controllers, racier exhausts, and devices that bypass the oxygen sensors.

As we reported late last year, the maximum fine eBay can receive for these products is $4,819 per device. Not counting the pesticides and paint stripper, eBay is facing a $1.65 billion fine.

"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," said US Attorney Breon Peace for the Eastern District of New York. "Together with our partners, this office will vigorously enforce federal law against those whose conduct endangers public health and the environment." It's interesting to note that New York was the second state to adopt the Clean Cars Act II Act after it was passed in California last year.

The global commerce leader hit back with its own statement, saying that what the government is doing is entirely unprecedented and that it intends to defend itself.

"We dedicate significant resources, implement state-of-the-art technology, and ensure our teams are properly trained to prevent prohibited items from being listed on the marketplace," eBay's statement reads. "Indeed, eBay is blocking and removing more than 99.9% of the listings for the products cited by the DOJ, including millions of listings each year. And eBay has partnered closely with law enforcement, including the DOJ, for over two decades on identifying emerging risks and assisting with prevention and enforcement."