eBay listings for banned chemicals shielded by Section 230, judge rules

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eBay has defeated a lawsuit that the US Department of Justice raised last fall, which alleged that eBay violated environmental protection and public safety laws by allowing users to sell hundreds of thousands of banned products.

Among products targeted by the DOJ suit were at least 343,011 "aftermarket products for motor vehicles" used to "tamper with or disable vehicle emissions control systems" and at least 23,000 "unregistered, misbranded, or restricted use pesticides." The DOJ also took issue with sales of products containing methylene chloride, which is used as a "thinning agent in paint and coating removal products." Most uses of that chemical were banned by the Environmental Protection Agency this April to prevent causing cancer, liver harm, and death.

In her order, US District Judge Orelia Merchant agreed with eBay that the DOJ failed to prove that eBay was liable for selling some of these targeted products. Ultimately, Merchant ruled that whether the products violated environmental laws or not, Section 230 barred all of the DOJ's claims, as eBay is shielded from liability for third-party postings (in this case, listings) on its platform.