3 min article

Prescription devices policy

Medical devices that require a prescription can't be sold on eBay. Listings for other prescription devices must follow our policy.

It's important to check that items can be sold on eBay before they are listed.

What is the policy?

Any medical device that requires a prescription can't be sold on eBay, including:

  • Continuous Positive Airway Pressure machines (CPAP)
  • Electrical Muscle Stimulation (EMS) units, and any accessories that require a prescription
  • Transcutaneous Electrical Nerve Stimulators (TENS), and any accessories that require a prescription
  • Oxygen concentrators, compressors, or conservers, and any accessories that require a prescription
  • Pulse oximeters that require a prescription
  • Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps

Needles, with or without a disposable syringe, and items that have passed their expiration date are also prohibited.

There are restrictions on the sale of the following items:

  • Contact lenses and prescription eyewear can only be sold by pre-approved sellers
  • Listings must state in the item description if the device has been opened or used:
    • Used items must be properly cleaned
    • Used items must not be altered in any way that changes the performance or safety specifications of the device
  • The item description should clearly state the product expiration date
    • Items must reach the buyer before the expiration date
  • Some medical devices can only be sold with government authorization. Listings for these items must follow the rules below:
    • Items must be listed in the Business & Industrial > Healthcare, Lab & Life Science category
    • The following information must be included in the item description:
      • The seller's name, city, state, and telephone number
      • The seller's business name, if applicable
      • A statement that the item has been cleaned and handled in accordance with the manufacturer’s instructions
      • A copy of the following statement:
        "The sale of this item may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, do not bid on this item unless you are an authorized purchaser. If the item is subject to FDA regulation, I will verify your status as an authorized purchaser of this item before shipping of the item."
  • Listings for hearing aids must include the following FDA disclaimer:
    "According to the FDA, it is in your best health interest to obtain a professional medical evaluation before purchasing a hearing aid and you are encouraged to do so before bidding on this item. If you choose to not obtain a medical evaluation before purchasing this item, I am required by law to provide to you and obtain from you a signed written waiver of the medical evaluation, and I am required to provide to you a copy of the User Instruction Brochure for a hearing aid, review the contents of that brochure with you, and afford you time to read the brochure. You must provide to me either a signed statement from a physician or a signed waiver before I will deliver this item to you. Upon your request, I will also provide to you a copy of the User Instructional Brochure for the hearing aid or the name and address of the manufacturer or distributor from whom a User Instructional Brochure for the hearing aid can be obtained."

The following items can be sold:

  • Over-the-counter (OTC) medical devices
  • Vintage or collectible medical devices, but listings must state that these are not intended for use
  • New disposable syringes can be listed, but needles cannot be included

Listings that don't follow these rules may be removed from the site or from search results. Other actions we may take include lowering a seller's rating, charging additional fees, limiting buying and selling privileges, or suspending an account.

 

Why does eBay have this policy?

This policy helps to protect the safety of our members while ensuring that important government regulations are followed.

 

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