eBay

n2relaxn · ‎07-13-2017

Good Morning Ebay,

With regard to your restriction and delisting of individually sold component/spare CPAP parts (i.e. cushions), your policy actually states that ONLY cpap pillows AND OTC medical devices are allowed to be sold. So I like many others, thought I was okay....since according to many industry sites I have visited they refer to cpap cushions as "pillow cushions". Yes....the removable and replaceable cushions that attach to CPAP mask frams are in actuality a PILLOW cushion.

So Ebay, you indicate you allow ONLY cpap pillows....but then ban "Pillow Cushions"....what gives? If you don't believe they are a "pillow" would you be so kind as to explain why and the reasoning to us, since industry is currently referring to the cpap cushion in the same manner as a "PILLOW". As it stands currently...your policy to restrict this item, this medical device, simply doesn't make sense.

Secondly....and what is so utterly confounding is the first part of your "approval" policy that your staff of well educated medical experts choose to completely ignore. To wit...Your own policy 'FOR APPROVED MEDICAL DEVICES" states the following devices are "APPROVED" to be sold:

Over-the-counter (OTC) medical devices
Nasal pillows only (without accessories that effectively make the item a medical mask)

Since, EBAY, by your own definition, you are defining a cpap cushion as a medical device, it would stand to reason that if this said medical device could be purchased without a prescription, it would be considered to be an "OTC medical device". Under the provision of FDA rule Section 520(e)

a restricted medical devices is one that requires a prescription yet you continue to restrict the sale of what has clearly been shown to be an unrestricted medical device by virtue of the fact that this and many other individually sold cpap products (that you currently restrict) are being sold without a requirement for a prescription.

So, Ebay....here's the crux of this matter. If you're not going to consider a cpap cushion to be a "Pillow" then what is it? You are using your medical device policy as the regulation enforcement tool governing the sell of this item...so it stands to reason that you consider the CPAP cushion to be a medical device. Well...okay then....we can all agree that you are correct, EBAY, the CPAP CUSHION is a medical device. No argument here.

Going back to the first sentence in your "APPROVED MEDICAL DEVICES" policy.....Over-the-counter medical devices ARE approved. With the clear and easily proven fact* that cpap cushions DO NOT require a prescription....by this fact alone....this medical device MUST THEN qualify as an Over-the-Counter product.

That your expert medical staff continues to restrict this item appears clearly to be a flagrant violation of your own MEDICAL DEVICE APPROVAL POLICY. It really is long past the time of ignoring your own rules that you expect sellers to abide by. It is time that you stop enforcing a policy that simply makes no sense. A good place to start would be to require that your own employees COMPLY with your OWN approval policy in the listing and sale of non-prescription individually sold OTC CPAP component/replacement parts. If they don't know what they are they can easily be found by going online and typing in the word CPAP. With the exception of the actual CPAP machine or CPAP frame kit (which does require a prescription) EVERY INDIVIDUAL PART that makes up a CPAP mask/frame system (CPAP CUSHIONS INCLUDED) is being sold OTC....without a prescription....and by the thousands every day.

So....if you're listening...on behalf of sellers, and in all fairness would you please require your staff to comply with your own policy medical device approval policy by allowing the sale of all OTC cpap items. To continue your current practice of refusing to allow the listing of OTC cpap products (individually sold cpap cushions and parts) you ignore the obvious fact that you are losing millions of $$ in their sale. As it stands today the current enforcement of your medical device policy has shown itself to be entirely inconsistent, confusing, arbitrary, and unnecessarily punitive. Please reconsider......it really is time.

*Verified by 10 different online CPAP retailers

1600penns · ‎04-17-2018

Today I was restricted for 30 DAYS and had a pillows auction pulled. Not even a cushion but pillows. As you say, pillows are not only not restricted but specifically on the ALLOWED list. I don't sell frames or headgear or adapter hose parts. Just pillows but still had to fight them. The rep and I read the policy back and forth to each other, he stipulated I'm selling pillows and with no accessories but still can't list it despite being under Medical Devices > 'Allowed' it states "Nasal pillows only (without accessories that effectively make the item a medical mask)". Couldn't be more clear. But it's clear to me there is just one or two people in the listing team that have it wrong and that's filtering down to the rest. It's a confused manager that is the force behind pulling auctions that their policy clearly allows. Incredibly frustrating to have them say "yes, it's a pillow, yes it's w/o accessories, yes our policy says you can sell pillows w/o accessories but no, you can't sell this item." Huh? But he kept going to a manager so I know it's a small group or maybe even just one or two people that are misunderstanding their own policy. They sell pillows and cushions on the shelf at Walmart. My 4yo son can buy them. All the other parts- no. But pillows/cushions are completely 100% unrestricted by FDA, DEA and eBay per their listed policy.