Ebay's Listing Removal Appeal System is Seriously Flawed
Ebay's Listing Removal Appeal System is Seriously Flawed
Twice we recently had our listing removed for "Prescription and over-the-counter drugs policy". According to the Policy Violation notice this product (Balance of Nature) was restricted by the FDA on 11/15/23. Six days later the company made the necessary changes according to the courts and the FDA lifted their ban and the product is now permitted (Just watched one of their commercials this morning).
In April, we received our 1st "Prescription and over-the-counter drugs policy" violation notice from Ebay regarding the FDA restriction that was used to remove our listing. We appealed the removal based on the more updated information and the listing was reinstated; once Ebay reinstated the listing we sold-out within a week. Two months later (Once re-ordered and restocked) we listed the new inventory. Within 24hrs Ebay again removed the listing stating the same FDA reason as before. Again, we contacted Ebay and informed them of their repeated error. Ebay requested we send them the formal legal document issued by the FDA allowing the sale of Balance of Nature. We submitted the legal document and were told to expect an answer within 3-days. No response after three days so we called again only to be told it was still being reviewed. Waited a week after first contacting Ebay only to be told my appeal was now denied... WHAT? I supplied Ebay with the actual legal document the FDA filed with the courts allowing them to resume business. This is as easy as it comes in these cases yet no one at Ebay (Including management) can tell me why after reading the letter that Ebay has elected to block this product.
Here are the key exerts from the 11/21/24 FDA Letter sent to the companies owner, legal counsel, and court:
Re: Resumption of Operations under Consent Decree of Permanent Injunction entered in United States
v. Evig, LLC dba Balance of Nature and Douglas Lex Howard, No. 4:23-cv-00089-DN-PK (D. Utah) (Nov.
15, 2023)
Dear Mr. Howard:
This letter is regarding the resumption of operations of Evig, LLC in accordance with the above referenced entered Consent Decree of Permanent Injunction (“the Decreeâ€). The U.S. Food and Drug
Administration (“FDAâ€) has determined that you appear to be in compliance with the Decree, the
Federal Food, Drug, and Cosmetic Act (“the Actâ€), and its implementing regulations. Specifically, you
appear to be in compliance with the Dietary Supplement CGMP and Labeling requirements described in
Paragraphs 6(A)-(F) of the Decree. Therefore, this letter serves as the written notice described in
Paragraph 6(G) of the Decree, and you may resume “manufacturing, preparing, processing, packing,
labeling, holding, and/or distributing any . . . dietary supplement[s].â€
How can any small business properly source and resell on Ebay? Ebay clearly doesn't accept legal documentation proving ones right to resell such product . We repurchased this product for resell solely because Ebay allowed its reinstatement in April (As it should've). Now, we are left with product we can not sell through our Ebay store (Our store of 20+yrs. with over 98,000 completed transactions).
