3 min article

Tobacco and smoking accessories policy

Tobacco products are heavily regulated and can't be sold or advertised on eBay.com. Smoking accessories that are traditionally intended for smoking tobacco products are allowed.

There are some exceptions for tobacco-related products, such as promotional materials, however. Our guidelines explain which tobacco and smoking accessory products are allowed on eBay.

Frequently Asked Questions

 

Are any tobacco-related products allowed on eBay?

Yes, there are some exceptions for items that don't contain any tobacco, such as collectible packaging, promotional materials and memorabilia. Smoking accessories that are traditionally intended for smoking tobacco products are allowed. Please read our full policy guidelines for all the details on which products are allowed.

Can I sell collectible packaging that still has some tobacco left in it?

No. Any tobacco collectible packaging must be completely empty, with no tobacco inside the package.

Read our full policy

Tobacco policy overview

You're not allowed to sell tobacco products on eBay, including collectibles that contain tobacco, because of strict government regulations. For details on what can and can't be listed, see our guidelines.

Smoking accessories that are traditionally intended for smoking tobacco products are allowed.

What are the guidelines?

Smoking accessories

Restricted Allowed in some situations

You can list the following if not intended for use with marijuana or illegal drugs:

  • Pipes
  • Water pipes and hookahs
 
Not allowed Not allowed

You cannot list:

  • Pipes and water pipes for use with marijuana or illegal drugs
 

Tobacco, shishas and tobacco-related items

Allowed Allowed

You can list:

  • Nicotine patches or gums
  • Promotional items with tobacco brand logos, such as calendars, hats, and shirts
  • Memorabilia, posters, or similar items (including vintage) for tobacco products
  • Tobacco seeds
  • Vintage ads for tobacco products
  • Collectible packaging that's completely empty (no tobacco inside)
 
Restricted Allowed in some situations

You can list the following if it doesn't include tobacco:

  • Cigar bands and packaging
 
Not allowed Not allowed

You cannot list:

  • Any item containing tobacco, including, but not limited to cigarettes, cigars, and loose tobacco
  • Blunts or cigar wraps
  • Herbal cigarettes or herbal tobacco (sometimes called nicotine-free or tobacco-free cigarettes or shisha)
  • Nicotine inhalers or nasal sprays (see our medical drugs and devices policy)
  • Domain names or web addresses for websites that sell tobacco

You cannot:

  • Include photos of cigarettes, cigars, and other tobacco items when selling cigar bands, collectible packaging, or other accessories
 

E-Cigarettes

Allowed Allowed
  • E-cigarette external accessories such as holders, cases, and decals
 
Restricted Allowed in some situations

Selling e-cigarettes on eBay

Generally, e-cigarettes may not be sold on eBay. However, we do allow certain pre-approved sellers to list e-cigarettes, Electronic Nicotine Delivery Systems (ENDS), and e-liquids on the US eBay website (eBay.com) provided they follow federal, state, local, and other applicable laws and regulations. This policy is applicable to those approved sellers, and buyers who transact with them.

Approved e-cigarette sellers

Pre-approved sellers must comply with the following requirements:

  • Listings must be in the following category: Health & Beauty > Electronic Cigarettes
  • Listings must include a link to our tobacco and smoking accessories policy page:
    https://www.ebay.com/help/policies/prohibited-restricted-items/tobacco-policy?id=4273
  • Use a shipping service that will verify, upon delivery, that the buyer or recipient is at least 21 years old
  • Include the following disclaimer within the listing description:
    "I will not sell e-cigarettes and related products to persons that are under 21 years old"
  • Include the FDA required health warning statements on the packaging and within the listing description
  • Offer delivery and sales within the US only
  • Comply with all federal, state, and local laws regarding the sale and delivery of these products

E-cigarette buyers

In order to purchase e-cigarettes, ENDS, or e-liquids from pre-approved sellers, buyers must meet the following requirements:

  • Be at least 21 years old
  • If the recipient is not the buyer, the buyer must make sure that the recipient is at least 21 years old
  • Make sure that the transaction complies with all applicable laws

Requirements for e-cigarette transactions on eBay

Be sure to meet all the following terms and conditions when buying or selling e-cigarettes, ENDS, or e-liquids on eBay. These terms and conditions may change over time and it is your responsibility to visit these pages to see if and how it may have changed, so that you can remain compliant.

  1. Limitation of liability: Both buyer and seller expressly acknowledge and agree that eBay shall not be liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of property on the eBay site
  2. Representations and warranties:
    • Each seller represents and warrants that:
      • The seller has the right, power, and authority to sell the product
      • The recipient (and buyer if different from the recipient) has proven he or she is 21 years of age or older prior to delivery
      • The transaction will comply with all relevant federal, state, and local laws and regulations
    • Each buyer represents and warrants that:
      • The buyer is at least 21 years old
      • The recipient of the e-cigarette is at least 21 years old
      • The transaction will comply with all relevant federal, state, and local laws and regulations
  3. Indemnification: The seller is solely responsible for compliance with all laws associated with the sale of e-cigarettes, ENDS, or e-liquids. The seller indemnifies eBay of all responsibility and liability associated with this sale. It is therefore the seller's sole discretion as to whether to complete the transaction based on the seller's ability to ensure that the transaction is in compliance with all laws associated with the sale of e-cigarettes, ENDS, or e-liquids
  4. Age: Product shipped by the seller requires the recipient to be in possession of photo identification confirming they are 21 years of age or older. Buyer, if different from recipient, must also show proof of age
 

Make sure your listings and products follow these guidelines. If they don't, they may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

 

Why does eBay have this policy?

Because selling tobacco is highly regulated, most tobacco items can't be sold on eBay. Be sure to follow all applicable laws, regulations, and our policies. For items that are not traditionally intended for use with tobacco, refer to our Drug and drug paraphernalia policy.

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