China selling a medical device that is restricted for US Sellers

[ibzduck2]

Can anyone explain why China can list a medical device that is restricted for US sellers?  I listed a Cpap that I really was not aware could not be listed on eBay until they took it down and gave me a warning.  Ok lesson learned.  I was looking through current listings and there are 3 from China & 1 from New York which we all know is China from the shipping locations.  I reached out to eBay and of course they were less than helpful.    The listing from NY is for $700.00 and $1,000.00 for shipping.  I guess if you list in a bogus category and  product group and are from China it is okay.

[pburn]

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@ibzduck2 wrote:

I guess if you list in a bogus category and  product group and are from China it is okay.

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I'm just not sure I'd be willing to test that theory. And I'd discourage you from trying it, too, since you're now on eBay's radar.

[lewisburggold]

Best you can do is report them somebody might care but we doubt it.   Best regards

[emerald40]

I guess with the 3 from China it is OK if they are selling to other countries that allow it.

But like mentioned above, do not look to what others are doing as an example.

If you are the one who is caught, and you already have been, it will be your account that is in jeopardy.

[ibzduck2]

I was not thinking of relisting, but if I move to China I would consider it.

[ibzduck2]

No one gives a rat's butt.

[coolections]

Don't worry about others. You got caught so just do not relist it. It is against Ebay rules.

[ibzduck2]

The listings are on the United States eBay. My listing was deleted from the same board where China's listings are currently listed with no problem. At this time I would not try to relist because I do not want to be suspended or lose my store all together. I guess I should not feel upset because we all know that eBay does not want to lose their best sellers and they will always cater to them.

[cycle-dog]

Yes, generally speaking, FDA clearance is required to sell medical devices in the US market; that some (read: foreign sellers --*cough, cough* perhaps Chinese?) are trying to get around the rules by listing in another category or some such is unfortunate but, sadly, in this day and age, not surprising (and no, I don't take you for saying that you'll try to do similarly but, rather, are complying and intend to compy, merely complaining that others are cheating to presumably try and get around the rules, and presumably putting US consumers/patients at risk in so doing, and seemingly the reason for the rules in the first place-- thank you!).

Please report them so that eBay can take them down. We, all of us, and beyond the eBay community thank you for your diligence, and appreciate same! 🙂

https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/Registrationand...