For the health and safety of eBay users and to encourage compliance with applicable laws, eBay has instituted several rules relating to sales of medical devices on our site. eBay allows the sale of professional medical devices to authorized purchasers and sellers of medical devices must strictly follow certain rules set out below when listing such items on eBay.
Please see the “Additional Information” section for requirements before listing medical equipment and supplies (devices). Please see the “Some Examples” for examples of devices not permitted for sale on eBay.
Violations of this policy may result in a range of actions, including:
Examples of Medical Devices that are not permitted on eBay:
Contact lenses
Prescription eyewear (vintage eyeglasses sold for collectible purposes are permitted)
Electrical Muscle Stimulation (EMS) units and their accessories that require a prescription
Transcutaneous Electrical Nerve Stimulators (TENS) machines and their accessories that require a prescription
Oxygen concentrators, oxygen compressors, oxygen conservers and their accessories that require a prescription
Defibrillators that are not approved for over-the-counter sale
Pulse oximeters that are not approved for over-the-counter sale
Continuous Positive Airway Pressure (CPAP), Bilevel Positive Airway (BiPAP) devices, and Variable Positive Airway Pressure (VPAP) devices that require a prescription
Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps.
Sellers may not list medical devices on eBay that require government authorization for distribution to third parties unless they take all the steps outlined below to ensure that purchases are made only by medical professionals authorized by law to purchase such items.
The following language must be included in the item description:
The seller's name, city, state and telephone number;
The seller’s business name, if applicable; and
The following language: "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."
The font size of the language required by this paragraph shall be the same size as the other text in the item description.
Sellers who have questions about legal obligations regarding sales of medical devices should consult with the FDA's Center for Devices and Radiological Health (Device Advice or Industry Support; phone: 800.638.2041; email: dsmica@cdrh.fda.gov).
Sellers must clean and handle all medical devices in accordance with the manufacturer's instructions before shipping. Sellers may not list any medical device that has been altered in any way that significantly changes the product's performance or safety specifications. All items must be delivered to buyers prior to a clearly marked expiration or "use by" date.
Sellers must clearly inform potential bidders, in the item description, if the device has been opened or used.
In addition, users should review the product manufacturer's website before listing or bidding on any used medical device to obtain the latest information about any health or safety issues relating to that product.
Hearing Aids
While these items do not require a prescription, they are heavily regulated. All listings of hearing aids must include the following 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."
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of prescription medical devices is regulated, sellers must follow the steps outlined in the additional information section to list such devices on eBay.
