Authentic Products Removed due to False Claim of Being Counterfeit
I am having a lot of trouble selling a topical flea and tick treatment for dogs. My listing keeps getting removed and is not being resolved properly. I have sent an invoice of the purchased authentic products and even opened a package to prove the contents are authentic.
Similar listings have not been reported, but this listing, of a very similar product, keeps getting rejected. Why am I having so much trouble?
14 comments
thelongball
·5 months agoAbout 2 weeks ago I had an item also get called counterfeit. I appealed it and is was approved. I personally think there is a glitch where Ai is set up and when it sees some words used in a listing it automatically rejects it. Until they get it fixed on a one-by-one basis, it will continue to happen. Just appeal them and work through the new tool's bugs.
lola8957
OP5 months agoThe appeals are rejected with no way to respond. What did you attach or write for your appeal? I have responded with my receipt, literally from Walmart, and photos of the contents in another instance.
tobaccocardyahoo
·5 months agoOkay.
You are not a brand authorized reseller. You are practicing retail arbitrage and your offerings "may be inauthentic".
Walmart is not an authorized wholesale distributor.
"May be inauthentic" is translated to mean counterfeit by Ebay and other sites.
Repeated attempts to list such items may lead to your loss of the ability to sell, whether or not the manufacturer is very aggressive in insuring their IP rights or not.
In the 21st century, many manufacturers have succeeded in suppressing retail arbitrage. No point in trying to claim 1st Sale doctrine or any other justification for your ability to sell, you are playing a game in which you have a losing hand.
Many of the Ebay sellers who in the 20th century practiced retail arb, myself included, do not run the risk any more. Unfortunately, there are still websites, blogs and youtube videos advising people they can make money this way.
lola8957
OP5 months agoAre you saying, no matter my reason for selling, I cannot sell the product?
Whether I’m a “reseller” or just trying to make money back from an item I can’t return anymore, does it not matter? What is the purpose of eBay, if I can’t sell something I no longer need?
Thank you for the long response.
tobaccocardyahoo
·5 months agoI am saying that if the manufacturer aggressively pursues their IP rights, you cannot sell the product for any reason.
Usually, manufacturers are not aggressively pursuing seller who do not claim to be selling NEW product, but not all products can be offered as USED on Ebay.
From a practical point of view, a VeRo complaint on Ebay is the end of the line for your listing when you are not authorized. And should you somehow elude enforcement, you could be sued for trademark infringement or other grounds. Many manufacturers have agents who sue hundreds of "infringers" at a time and regularly amend their suits to include more defendants. There costs per ""infringer" is far less than what it would cost any of them to respond to the lawsuit, and they settle or see a default judgement when they fail to respond.
It is sad that so many sellers continue to fall into this trap. Especially those who are in poor countries, who are taken in by the drop ship variations of "retail arb".
lola8957
OP5 months agoWell, the more ya know. Thank you!
krazzykats
·5 months agoNot everything unused is resalable.
I had brand new unused items and found this out when I tried to resell them.
Some items can be strictly for a one-time end user purchase and may have restrictions on reselling it unused.
You just can’t do it—eBay rules.
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luckythewinner
·5 months agoYou cannot sell it on eBay if eBay says you cannot sell it on eBay.
eBay can remove your listing for any reason it wants.
This is right in the eBay user agreement:
"we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion"
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259
albertabrightalberta
·5 months ago@lola8957
Was the item that was removed Frontline?
Although that product is OTC, your statement that you "even opened a package to prove the contents are authentic" may be what got you into trouble.
As shown in the policy posted by @krazzykats, repackaged (and that probably also includes opened) items are not allowed.
lola8957
OP5 months agoI have tried several different types of listings. One included an opened package to show buyers the contents. It lasted the longest and I have not tried this post since, as I realized my mistake. I also used these photos to defend myself when the listing was originally pulled, plus the invoice for the products. It’s being reported as counterfeit, yes Frontline. I have successfully sold the product in other dog weight categories.
krazzykats
·5 months agoYes, the following applies to OTC pet meds.
Prescription and over-the-counter drugs policy on eBay
I would not relist it.
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funfactorychannel
·5 months agoIt is most likey the Brand said its "counterfeit" eventhough it probably be "you are not an authorized seller" As Seen on TV does this a lot.
One day if i have time I can sue the brand for selling me counterfeits. 😄
But what is exact wording from ebay? We can only assume right now..
lola8957
OP5 months agoOne or more of your listings have been hidden for not following our Counterfeit policy. We understand that this must be frustrating. But don’t worry — we’re here to help!
What happened
Counterfeit or fake items aren’t allowed on eBay.
We removed this item to protect you and your buyers, because there is a high risk that it is infringing or not authentic. To make this decision we consider the details you provided about your item, and any reports we receive from brands.
What to do next
Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.
(Attached link to listing)
What this means for you
You can remain focused on your business. To protect you, we removed listings that didn't follow this policy. We have credited any associated fees, except for transaction fees for your sold listing(s).
These listings are still in your Active Listings folder in My eBay and Seller Hub so you can view them. However, new buyers can't purchase them, shoppers can't see them, and you will not be charged additional listing fees for them. You can end them to move them out of Active Listings.
Other than what was communicated to you previously, no additional action is required from you and no further actions are being placed on your account.
This determination was made using automation or artificial intelligence. This came to our attention through automated detection.
More about this policy
Counterfeit items are goods that mislead buyers into believing they are genuine, authorized, or compliant when they aren’t. These items can misrepresent their nature by making false claims about composition, purity, origin, grading, safety, or regulatory compliance.
Only list an item if you're certain it's genuine.
Your listings must include clear photos that show the item from multiple angles and highlight all relevant details. Don't hide, blur, or cover logos or other identifying features.
This policy helps protect buyers and sellers, supports trust in our marketplace, and helps sellers follow the law, including intellectual property rights.
Learn more: Counterfeit policy
Intellectual property policy
Listings not following policy
Item: 236698439764 Frontline Plus for Dogs 89 to 132lb 6 Doses
Reference ID: 2-103777866738
If you have any questions or concerns, or think we’ve made a mistake, please get in touch.
We appreciate your understanding.
eBay
Please don't reply to this message. It was sent from an address that doesn't accept incoming email.
mkaczorsee
·5 months agoListing is being removed for what reason?