Amended Stop Sale, Use, or Removal Order issued to eBay Inc.
On June 16, 2021, the U.S. Environmental Protection Agency (EPA or “the Agency”) amended the Stop Sale Use or Removal Order issued to eBay Inc. (eBay) on June 10, 2020. The amendment adds 170 unregistered and/or misbranded pesticide products to the June 10, 2020 Order which contained over 40 unlawful products.
Overview
eBay is a global corporation headquartered in San Jose, California that operates and controls the interactive e-commerce website eBay.com. The June 10, 2020 SSURO to eBay is amended to address an additional 170 pesticides that are unlawfully held for sale, offered for sale, and sold on eBay’s website. Among other unlawful pesticide products, products in the amendment include: dichlorvos (DDVP), an organophosphate insecticide that has various restrictions and prohibited uses in the United States due to the dangers it presents to human health; pesticides containing brodifacoum which is an especially hazardous anticoagulant poison linked to several cases of human intoxication; and pesticides making unapproved claims to control the novel coronavirus (SARS-CoV-2).
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or “the Act”), 7 U.S.C. §§ 136-136y, and its regulations, are the primary Federal laws governing the production, sale, distribution, and use of pesticides in the United States. With certain exceptions, no person can sell or distribute a pesticide in the United States that is not registered with the EPA. Further, no person may distribute or sell a pesticide that is misbranded; a product is misbranded when its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular. Additionally, no person selling or distributing a FIFRA-regulated pesticide may claim that the pesticide is effective against any microbiological organism including bacteria, fungi, or viruses, unless that pesticide is registered with the EPA and that particular efficacy claim has been deemed acceptable by the Agency. The EPA is tasked with enforcing FIFRA to minimize risks to human health and the environment associated with the distribution and use of pesticides in the United States.
Basis for the Amended Order
Beginning in December 2020, the EPA began reviewing information from tips and complaints from consumers and industry stakeholders of pesticides offered for sale on eBay.com in violation of FIFRA. Subsequently, the EPA began collecting and reviewing additional information on product sales and inspecting offers for sale on eBay.com. Based on the information collected, the EPA has reason to believe that eBay has been distributing or selling, and intends to continue distributing or selling, pesticides that are unregistered and/or misbranded in violation of sections 12(a)(1)(A), (E) of FIFRA, 7 U.S.C. §§ 136j(a)(1)(A), (E).
Summary of the Order
Section 13(a) of FIFRA, 7 U.S.C. § 136k(a), authorizes the EPA to issue a Stop Sale, Use, or Removal Order to any person with a pesticide in their ownership, custody, or control whenever there is reason to believe that such pesticide is in violation of any provision of FIFRA, or that such pesticide has been, or is intended to be, distributed or sold in violation of any provision of the Act.
Pursuant to its authority, the EPA amended the June 10, 2020 SSURO to expand the list of pesticides identified in Attachments to the Order to include additional pesticides that the EPA has reason to believe are being distributed or sold on eBay.com in violation of FIFRA. Accordingly, eBay is ordered to immediately stop the sale of unregistered and/or misbranded pesticides under its ownership, control, or custody, wherever such pesticide is offered for sale on eBay.com. Pursuant to the SSURO, eBay is also prohibited from using, selling, offering for sale, holding for sale, shipping, or delivering for shipment the subject pesticides for any reason. The SSURO shall remain in effect unless and until revoked, terminated, suspended, or modified in writing by the EPA.
For more information on the use of stop sale, use, or removal orders.
For More Information, Contact:
Joseph Varco
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue N.W.
Mail Code 2249A
Washington, DC 20460-0001
(202) 564-1791
[email protected]
Christina Cobb
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue N.W.
Mail Code 2249A
Washington, DC 20460-0001
(202) 564-1798
[email protected]