Have been selling medical devices on eBay since 1999. In those 24 years of selling medical devices on eBay, we have had some issues with items being erroneously removed and we were able to contact eBay and they would correct their mistake.
We are very careful to not list item that may be in violation of this policy as the 10 day suspensions effect our business and it does not behoove us to try and "beat the system" as there is no one item that is worth risking our eBay account. So, I was surprised to see on 7/12/2023 my account was restricted as the BD Purewick Urine Collection System that we listed was said to be in violation of the prescription drug policy. This is a new in the box product and there is no RX label, it has not expired, and on the manufactures website it clearly states that this item can be purchased without a prescription. I also called the manufacture to verify this which they did.
On 7/12/2023 I called eBay who's trust and safety deportment said I can appeal the restriction and that I would receive an email within 72 hours where I can provide documentation proving that this item is not an RX item. They also told me that the FDA has told eBay that this item does require a prescription and that perhaps there was a coding error or something else that misclassified this item as an RX item.
4 Days later I received no email so I called and when I again spoke with trust and safety, they saw the record of my call, but the person did not properly handle the call so I did not receive the email. They again said to wait up to 72 hours for the email which if it arrives after 72 hours, will be 1 day short of the end of my restriction.
So, at this point, my only questions is, if I do not see an item as prohibited in the Medical Device Policy article or the Prescription Drug Policy article and I have verified with the manufacture that this specific item is not an RX item, how do I protect my account from restrictions when I have done due diligence to make sure I do not violate these policies and therefor jeopardize my account? I put this question to eBay trust and safety and they had no response.
We have sold about 150K on eBay this year, so around 20K in eBay fees paid YDT, so it only furthers ones frustration when you spend so much money with a company only to receive a failed response from a broken trust and safety deportment!
I understand that in particular, the Medical Device category can be complected and more to the point, if the FDA is telling eBay that this item requires a prescription, they will just accept this decision even if it unfounded. Having said that, if they are not going to allow the sale of this item be it an actual RX item or one that the FDA is telling them not to allow, they should include in in their list of items not allowed such as they do with oxygen concentrators, CPAP's etc. as I check that list every week for updates.
In 24 years we have had items removed that were said to be in violation of eBay policy but were not in violation and eBay corrected it and when it is was my fault, I accept the decision and learned from it. Having said that, if eBay again makes a mistake as is clearly the case here, I would expect a response in a reasonable time frame as it will not do much good if they take longer than the restriction is to correct the mistake. I honestly don't see this issue getting better as again, in the past eBay was quick to resolve, but if anyone out there has any ideas on how to protect one account I am all ears as eBay has no answer and I don't know what else I could have done aside from verifying an item is not on the prohibited lists and/or is not an RX item.
