eBay is off the hook for selling harmful products

A US authorities suit accusing eBay of selling astir 350,000 polluting and environmentally harmful products — including pesticides and “defeat” devices that fto centrifugal vehicles evade emanation controls — has been dismissed by a national judge. On Monday, District Judge Orelia Merchant ruled that eBay isn’t liable for items that users merchantability connected the integer marketplace owed to civilian protections that Section 230 of the Communications Decency Act provides for online platforms.

Under Section 230, online platforms cannot beryllium held liable for hosted contented unless “it assisted successful the improvement of what made the contented unlawful.” The suit filed by the US Department of Justice past year alleged that eBay had violated the Clean Air Act (CAA) by knowingly selling, oregon offering unlawful products for sale.

Merchant dismissed the DOJ’s claim, ruling that eBay “must ain oregon person an item” to beryllium considered a seller. Merchant besides ruled that administrative and method enactment that eBay provides to sellers, specified arsenic messages, email notifications, and processing payments, doesn’t materially lend to the “alleged unlawfulness” of amerciable products.