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EBay wins dismissal of US lawsuit over sale of damaging products

A federal judge dismissed a U.S. Department of Justice suit accusing eBay of breaching environmental laws by permitting the sale of numerous countless harmful items on its platform, including pesticides and devices to avert automobile contamination 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, protected 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 items, since it did not physically possess them or hold title. She declined the government's argument that eBay was a seller since it exchanged the products for cash.

The Justice Department did not right away respond to requests for comment. Ebay and its attorneys did not right away respond to comparable requests.

In its Sept. 2023 complaint, the Justice Department accused eBay of illegally permitting the sale of more than 343,000 aftermarket defeat gadgets that assist lorries produce more power and get better fuel economy by averting emissions controls.

The company likewise was accused of allowing sales of 23,000 unregistered, misbranded or restricted-use pesticides.

EBay also supposedly dispersed more than 5,600 paint and coating elimination items which contained methylene chloride, a. chemical connected to brain and liver cancer and non-Hodgkin. lymphoma.

The government stated eBay's conduct breached the Clean Air. Act; the Federal Insecticide, Fungicide, and Rodenticide Act;. and the Toxic Substances Control Act.

The case is U.S. v eBay Inc, U.S. District Court, Eastern. District of New York City, No. 23-07173.

(source: Reuters)