eBay Wins Dismissal of US Lawsuit Over Alleged Sale of Harmful Products

An anonymous reader quotes a report from Reuters: A federal judge dismissed a U.S. Department of Justice lawsuit accusing eBay of violating environmental laws by allowing the sale of hundreds of thousands of harmful products on its platform, including pesticides and devices to evade motor vehicle pollution controls. U.S. District Judge Orelia Merchant in Brooklyn ruled on Monday that Section 230 of the federal Communications Decency Act, which protects online platforms from liability over user content, shielded eBay from liability in the civil lawsuit.

The judge said eBay's administrative and technical support to sellers 'does not materially contribute to the products' alleged unlawfulness' and does not make the San Jose, California, company a 'publisher or speaker' on sellers' behalf. Merchant also said eBay was not a 'seller' of some of the challenged products, because it did not physically possess them or hold title. She rejected the government's argument that eBay was a seller because it exchanged the products for money. The U.S. government argued eBay violated the Clean Air Act by allowing the sale of harmful products, including more than 343,000 aftermarket 'defeat' devices that help vehicles generate more power and get better fuel economy by evading emissions controls. The company also was accused of allowing sales of 23,000 unregistered, misbranded or restricted-use pesticides, as well as distributing more than 5,600 paint and coating removal products that contained methylene chloride, a chemical linked to brain and liver cancer and non-Hodgkin lymphoma.

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