Policy Violation - 2nd One In A Week - BUT, I did not Violate any Policy.

[hotwheelsbum]

CPAP Accessories. 1st Violation was over a Mask. It WAS a Prescription Mask. I did not know because there were literally hundreds LISTED, and hundreds SOLD. But trying to work out that Violation, ebay was in the right, I was in the wrong. Mask label clearly had RX ONLY on it, and doing research that Mask IS a Prescription Only Mask. Ebay Rep just said make sure I research everything if it is in question, so I did. 

Policy States:

Medical devices that require a prescription can't be sold on eBay. Medical equipment that could be abused for unlawful means is also not permitted. Listings for items that are permitted must follow our policy.

It's important to check whether items can be sold on eBay before they are listed.

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

• Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

2nd Violation involves a ResMed Humidair 11 39100 Reservoir Tank / Tub. It is the water reservoir for the ResMed Airsense 11 CPAP Machine.  Label on Tank DOES NOT  have the RX ONLY stamp on the label like the Mask did. So I Looked everything up just, RESEARCHED, to make sure I was good before I listed it. I even had a picture of the Label up, like ALL the other listings have, that shows there is NO RX ONLY stamp on the label. . 

Google - Is the Humidair 11 39100 Reservoir Tank a Prescription Item?"

A prescription is not required to purchase a replacement water chamber for the ResMed AirSense 11. This is because it's considered a consumable accessory, not a complete CPAP machine or mask.

Then you go to the BIG Websites that sell these Tanks, Tubs, and look at the Specifications:

CPAPsupplies////com

SKU              23459
Model        39100
HCPCS     A7046
UPC        6194988391004
Prescription Required     NO
Weight        .08 lbs
Color        Clear

CPAPsupplyusa///com

Manufacturer:ResMed

• Brand:Resmed
• Weight:0.484000
• Prescription Required:No
• Length:6 inches
• Width:5.5 inches
• Height:3.5 inches

But yet Ebay still dings me with this: 

Hello hotwheelsbum,

We reviewed your appeal of an action on your account. Upon further review, we’re unable to grant your appeal because the listings aren’t following our Medical devices and equipment policy. You listed an item that has been classified by the FDA as a PRESCRIPTION medical device.

IT IS NOT a PRESCRIPTION Medical Device. It is all over the Internet that you DO NOT have to have a Prescription to purchase this replacement tank, tub. I have talked to 2 Reps over this. One was reading off a script in a thick accent that I could not understand worth a flip, so I gave up and tried again the next day. Second Guy was down in Mexico and the Dude spoke perfect english. We went over everything. He even said that Tank was NOT on their "List", so he worked up a second appeal to send in and it's been 3 days, no word. He also told me that the "Appeals" division rarely answers any phone calls and lives in their own little world rarely making 2nd decisions on the appeals that come in, they're usually final. 

This is ridiculous. I did nothing wrong. I was TOLD to research, I RESEARCHED. This tank is NOT a Prescription Item. Bottom of appeal said this decision was discovered by a "User Report". Is another Seller f'ing with my Listings? I quit Facebook a LONG time ago. I don't have access to Ebay for Business any longer. Is there any other way to get this Policy Violation looked at? I don't care about the Tank. Screw the Tank, I'll throw it back in the closet. This 2nd Violation needs to be taken off. I don't need this 2nd strike my first month back, especially since I did Nothing wrong. Nothing.

[jonathanbrightlight]

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@kensgiftshop wrote:

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@hotwheelsbum wrote:

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@kensgiftshop wrote:

I think this pretty much explains it.

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

• Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

Even if it doesn't require a prescription, you can't sell it here.

---

Then the Policy needs to say NO CPAP ITEMS, Equipment, Accessories, or Parts can be sold on ebay. That way if you list ANY CPAP item you are Violating the Policy. 

Isn't that what it says?

"including:

• Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing"

---

Yeah, that honestly seems perfectly clear to me that nothing that is part of a CPAP system is allowed.

[dhbookds]

Yeah, that honestly seems perfectly clear to me that nothing that is part of a CPAP system is allowed.

that's the way I read it also

[hotwheelsbum]

---

@gone.c-33 wrote:

Wrong. We’re not eBay reps, just volunteers. 

Ive always interpreted that policy to mean any accessory meant to be used with a prescription only item cannot be listed on here. Maybe YOUR interpretation of the policy is wrong.

I could have interpreted it that way also, but it was not my interpretation that resulted in the 2nd Violation.

First violation couple of weeks ago was for a ResMed Airtouch F11 Mask, of which dozens have been SOLD on ebay. After the back and forth with the Rep over that, they're LISTED, and SOLD, it was very clear what the Policy was, DOES NOT REQUIRE A PRESCRIPTION. Label on Mask had RX ONLY stamped on it. That was a PRESCRIPTION ONLY Mask. Rep pointed that out. I was in the wrong and agreed with it. So I asked about the other stuff I had, a few hoses, cushions, filters, this tank, so on. Rep clearly stated, if it is NOT A PRESCRIPTION Item, part, it can be listed. And there are literally thousands of these items LISTED, and SELLING. There are Prescription Hoses, Non-Prescription Hoses, Prescription Masks, Non-Prescription Masks, Prescription Filters, Non-Prescription Filters, so on.  Policy clearly says CPAP items THAT REQUIRES A PRESCRIPTION cannot be sold. Rep told me to research to make double sure. Got off the phone thinking I had this down.

I didn't interpret nothing. I was TOLD I could list NON-Prescription CPAP parts and accessories just as hundreds of others are doing. Just as what the Policy allows, what was explained to me.  I RESEARCHED this Tank, this replacement PART. Research shows it is NOT a Prescription Item. I listed this Non-Prescription CPAP Item following Ebay Medical Policies. It was up for a week. Several views, 2-3 Watchers, then suddenly BAM, a 2nd Policy Violation. Ebay is saying it is a Prescription Item, of which it is NOT. That's why 2nd Policy Violation was issued. 

Nothing was interpreted here. I was following Guidelines, Policies. It's that simple. 

[rugerskick]

Basically ebay treats accessories to a prescriotion device also as prescription items.  Ran across the same thing you did.  I agree, they are not prescription items, but ebay classifies them that way because a prescription device uses them.  So don't list them, its their stupid rule, but you'll get banned for breaking it.  Not worth it.

[dhbookds]

I can understand your angst..........but Reps can be wrong as we've seen many times on this board.......

[hotwheelsbum]

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@kensgiftshop wrote:

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@hotwheelsbum wrote:

---

@kensgiftshop wrote:

I think this pretty much explains it.

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

• Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

Even if it doesn't require a prescription, you can't sell it here.

---

Then the Policy needs to say NO CPAP ITEMS, Equipment, Accessories, or Parts can be sold on ebay. That way if you list ANY CPAP item you are Violating the Policy. 

Isn't that what it says?

"including:

• Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing"

---

Just as I explained a minute ago to another comment, there are Prescription Masks, Non-Prescription Masks, Prescription Hoses, Non-Prescription Hoses, Heated Water Chambers are Prescription, A Water Tank / Reservoir is not, Heated Hoses that require a Prescription, Hoses that are just replacement Hoses, No Prescription required. That's why the Policy clearly says........
 

What is the policy?

Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:

• Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing

After the Mask incident, it was clearly explained to me to RESEARCH before listing. Yes, you can SELL CPAP parts and accessories as explained by an ebay Rep, like thousands of other are doing, as long as it is NOT A PRESCRIPTION ITEM. This Tank was not, and ebay still issued a 2nd Violation for it a week after it had been up, dozens of views, handful of watchers. 

I RESEARCHED as I was told to do. I listed a Tank that was NOT a Prescription Item, an item ebay said I could, and ebay still issued a Violation.

Ebay can remove the Violation tonight and I could throw that tank back in the closet and be done with it. But until ebay fixes their mistake, I am going to continue to deal with them over this. I've been on ebay 26 years. Lost an 18 year old account about 3 years ago when it was hacked and I lost a few hundred dollars over it. Ebay did nothing. I'm back small time now just doing it on the side selling stuff to buy Hot Wheels with as my retirement hobby. I'm not going to let ebay walk over me this time.

[dhbookds]

devon@ebay 

kyle@ebay 

Can one of you answer the basic question of whether accessories to prescription items can be sold, specifically a tank to a CPAP machine?  

I do see there is a category for CPAP accessories:

[albertabrightalberta]

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@hotwheelsbum wrote:

Google - Is the Humidair 11 39100 Reservoir Tank a Prescription Item?"

A prescription is not required to purchase a replacement water chamber for the ResMed AirSense 11. This is because it's considered a consumable accessory, not a complete CPAP machine or mask.

Then you go to the BIG Websites that sell these Tanks, Tubs, and look at the Specifications:

CPAPsupplies////com

SKU              23459
Model        39100
HCPCS     A7046
UPC        6194988391004
Prescription Required     NO
Weight        .08 lbs
Color        Clear

CPAPsupplyusa///com

Manufacturer:ResMed

• Brand:Resmed
• Weight:0.484000
• Prescription Required:No
• Length:6 inches
• Width:5.5 inches
• Height:3.5 inches

---

I did exactly as you suggested. I googled "Is the Humidair 11 39100 Reservoir Tank a Prescription Item?" 

And according to what came up, it can be considered a prescription item: 

Whether or not the ResMed HumidAir 11 Standard Water Tub (manufacturer part number RC39100) is a prescription item can depend on the vendor you purchase it from. 

• Several sources, including DME Supply USA and CPAP Supply USA, explicitly state that the ResMed HumidAir 11 Standard CPAP Water Tub does not require a prescription.
• However, other vendors like Hart Medical Equipment list it as requiring a prescription. Similarly, USA Medical Supply notes that while accessories like the cleanable water tub might require a prescription, customers should confirm the specific requirements when making a purchase.
• It's important to note that CPAP machines themselves, as well as heated tubing, typically require a prescription. Individual replacement parts like mask cushions or headgear are generally sold over-the-counter. 

In conclusion, while many retailers sell the ResMed HumidAir 11 Standard Water Tub without a prescription, it's advisable to check with the specific vendor before purchasing, as some may still require one. 

[robbie31415]

The amusing thing is you can argue it to death and actually get eBay to reverse it and allow you to list.

But if it gets flagged again you have a chance for permanent ban due to violating again.

If you are smart you'd just move on from CPAP stuff.

[luckythewinner]

 I DID NOT Violate any Policy.

Have anything of value to add, help, assistance for what the actual reason for this discussion is about? 

I have something to add, from the User Agreemnt you acknowledged: 

"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

eBay appears to have used their discretion to tell you that you cannot list that item here. 

[hotwheelsbum]

---

@luckythewinner wrote:

 I DID NOT Violate any Policy.

Have anything of value to add, help, assistance for what the actual reason for this discussion is about? 

I have something to add, from the User Agreemnt you acknowledged: 

"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

eBay appears to have used their discretion to tell you that you cannot list that item here. 

---

Ebay did not tell me I could NOT list that item here. After the Prescription Mask Violation, I specifically ASKED about the hoses I had, the cushions I had, THE TANK I HAD, so on. Was clearly informed to RESEARCH it on my own, and if was NOT A PRESCRIPTION ITEM, then I could list it as the Policy covers. NO PRESCRIPTION Items. So, I RESEARCHED, and LISTED. They still dinged me on a Policy Violation.

The Mask was dinged within minutes, an hour or so. The Tank was up a week before it got dinged. That tells me it was NOT dinged by AI looking at the pictures setting the alarm off, but like they said in the email, it was brought to their attention due to a USER REPORT. Ebay needs to own up to its mistake, take the Violation down since Policy CLEARLY says NO PRESCRIPTION ITEMS, and that Tank is NOT a Prescription Item. 

[hotwheelsbum]

---

@albertabrightalberta wrote:

---

@hotwheelsbum wrote:

Google - Is the Humidair 11 39100 Reservoir Tank a Prescription Item?"

A prescription is not required to purchase a replacement water chamber for the ResMed AirSense 11. This is because it's considered a consumable accessory, not a complete CPAP machine or mask.

Then you go to the BIG Websites that sell these Tanks, Tubs, and look at the Specifications:

CPAPsupplies////com

SKU              23459
Model        39100
HCPCS     A7046
UPC        6194988391004
Prescription Required     NO
Weight        .08 lbs
Color        Clear

CPAPsupplyusa///com

Manufacturer:ResMed

• Brand:Resmed
• Weight:0.484000
• Prescription Required:No
• Length:6 inches
• Width:5.5 inches
• Height:3.5 inches

---

I did exactly as you suggested. I googled "Is the Humidair 11 39100 Reservoir Tank a Prescription Item?" 

And according to what came up, it can be considered a prescription item: 

Whether or not the ResMed HumidAir 11 Standard Water Tub (manufacturer part number RC39100) is a prescription item can depend on the vendor you purchase it from. 

• Several sources, including DME Supply USA and CPAP Supply USA, explicitly state that the ResMed HumidAir 11 Standard CPAP Water Tub does not require a prescription.
• However, other vendors like Hart Medical Equipment list it as requiring a prescription. Similarly, USA Medical Supply notes that while accessories like the cleanable water tub might require a prescription, customers should confirm the specific requirements when making a purchase.
• It's important to note that CPAP machines themselves, as well as heated tubing, typically require a prescription. Individual replacement parts like mask cushions or headgear are generally sold over-the-counter. 

In conclusion, while many retailers sell the ResMed HumidAir 11 Standard Water Tub without a prescription, it's advisable to check with the specific vendor before purchasing, as some may still require one. 

---

GOOGLE: "Does The FDA consider the ResMed Humidair 11 Reservoir Tank a Prescription Only Item?" 

Results: 

No, the ResMed HumidAir 11 Reservoir Tank (also called a water chamber or water tub) is generally not considered a prescription-only item by the FDA. 

Here's why:

• CPAP accessories versus main device: The FDA classifies CPAP machines, complete masks, and external humidifiers as Class II medical devices, which do require a prescription.
• Replacement parts: However, components like humidifier water tanks are typically considered replacement parts or accessories and can usually be purchased without a prescription. This also applies to items such as cushions, mask frames, tubing, filters, and other comfort accessories. 

In summary, while the ResMed AirSense 11 CPAP machine (which the HumidAir 11 reservoir tank is part of) requires a prescription, the reservoir tank itself can often be bought separately without one. 


Now if I could find it on the FDA website, I would. AI found it, and that's enough for me. 

[robbie31415]

Using Google Gemini 2.5 Pro with your same question while adding if it's allowed to be sold on eBay.

Navigating the Sale of CPAP Components: The ResMed HumidAir 11 Reservoir Tank
Washington D.C. - For individuals looking to sell or purchase parts for Continuous Positive Airway Pressure (CPAP) machines, understanding the regulatory landscape is crucial. A common question that arises is whether specific components, such as the ResMed HumidAir 11 reservoir tank, are considered prescription-only items by the U.S. Food and Drug Administration (FDA) and if their sale on platforms like eBay is permissible.
The FDA classifies the entire Positive Airway Pressure (PAP) delivery system, which includes CPAP machines like the ResMed AirSense 11, as a Class II medical device. As such, the complete system is available by prescription only. While the FDA's regulations primarily focus on the device as a whole, the accessories and replacement parts intended for use with it are generally considered part of this prescription-only classification. This is because the safe and effective use of the CPAP device is dependent on all of its components functioning correctly.
While some durable medical equipment (DME) suppliers may sell replacement parts like the HumidAir 11 reservoir tank without requiring a new prescription for existing CPAP users, this does not change the fundamental classification of the overall device. The initial prescription for the CPAP machine covers the necessary components for its operation.
Selling on eBay: A Clear Violation of Policy
Regarding the sale of the ResMed HumidAir 11 reservoir tank on online marketplaces like eBay, the platform's policy is unequivocal. eBay expressly prohibits the sale of medical devices that require a prescription. Because the HumidAir 11 is a component of a prescription-only CPAP system, listing it for sale on eBay constitutes a violation of their terms of service.
eBay's policy is in place to ensure user safety and to comply with regulations. The platform actively removes listings for prescription medical devices and their components. Sellers who attempt to list such items risk having their listings removed, their accounts suspended, or other enforcement actions taken against them. The fact that other similar items may be visible on the site is typically an indication that those listings have not yet been identified and removed by eBay's moderation team, rather than an approval of their sale.
In conclusion, while the ResMed HumidAir 11 reservoir tank may be obtainable from authorized retailers without presenting a prescription at every purchase, it is unequivocally a part of a prescription-only medical device. Consequently, its sale on platforms like eBay is a direct violation of their established policies governing medical devices.

[hotwheelsbum]

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@robbie31415 wrote:

The amusing thing is you can argue it to death and actually get eBay to reverse it and allow you to list.

But if it gets flagged again you have a chance for permanent ban due to violating again.

If you are smart you'd just move on from CPAP stuff.

---

My Gripe is not geared towards making ebay allow me to List that Tank, or any of the other CPAP stuff that piled up over the last 2-3 years. I could care less. I have already taken down all the NON PRESCRIPTION Hoses, Cushions, and Filters I had up. NON PRESCRIPTION items that have been up for over 2 weeks now, along hundreds of other similar items from other sellers also, without a peep from ebay whatsoever. 

I have moved on from LISTING CPAP stuff. 

My Gripe is to get that 2nd Policy Violation removed. I did NOT Violate the Policy. Not according to THEIR Policy, and what I was told by a CS Rep. The Tank is not even in play anymore. It is now about the Policy and the unwarranted Violation. That's what needs to be corrected, rectified. 

Funny thing too. That Tank, still showing up back on my Dashboard in the "Policy Violation" tab. Click on the listing, Listing Pops Up. On top of Listing it shows:

This listing was removed for violating our Medical devices policy

Then when you scroll down looking through the listing, past the description, down there where it says.....

"You May Also Like", and "Frequently Bought Together"

You want to know what's down there? These f'ing Tanks, what else. 

Aint that a Load of Crap. On the SAME PAGE of MY LISTING that's marked.....This listing was removed for violating our Medical devices policy......is 5-8-10 of THESE SAME TANKS, same Tanks that my Tank has a Policy Violation over.

Again, Aint that a Load of Crap. (LOL)

[robbie31415]

Well its hard to say  I fed your post to Ai and Ai disagrees.

This is an incredibly frustrating situation, and based on the thorough research you conducted, it's completely understandable why you feel you did nothing wrong. You were told to research, you did exactly that, and the evidence you found from major suppliers seems to support your case.

However, the core of this issue lies in a subtle but critical distinction: the difference between a retailer's sales requirements and eBay's platform-wide prohibited items policy.

Let's break down why eBay, from its perspective, was correct to remove the listing and issue the violation, even though your research seems contradictory.

The Crux of the Matter: Retail Rules vs. eBay's Policy

You are correct that major Durable Medical Equipment (DME) suppliers like CPAPsupplies.com will sell a replacement water chamber without requiring you to submit a new prescription. They do this because it's considered a replacement part for a system you are already presumed to have a prescription for. They are licensed medical suppliers operating under that framework.

However, eBay is not a licensed medical supplier. It is a general marketplace. To protect itself from legal and safety liabilities, it creates broad, strict policies that are often more restrictive than the day-to-day practices of authorized dealers.

Why Your Research Led You Astray (In eBay's Eyes)

The key detail is in the very policy you quoted:
> Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:
> Continuous Positive Airway Pressure machines (CPAP), along with masks, humidifiers, heated water chambers, and heated tubing.
>
The ResMed HumidAir 11 reservoir tank is, by its very definition, a heated water chamber for a CPAP machine.
* Your Argument: The tank itself does not require a prescription to purchase as a replacement.
* eBay's Argument: Our policy explicitly and separately bans "heated water chambers," regardless of whether a retailer asks for a script for that specific part. The chamber is an integral component of the overall prescription-only CPAP system.
eBay doesn't get into the nuance of which individual parts have an "RX ONLY" stamp. They have simply banned the entire class of items to avoid this exact kind of gray area. The fact that the FDA classifies the entire CPAP system as a prescription device gives eBay the justification it needs to prohibit all of its essential components.
Answering Your Questions Directly

Did you do nothing wrong? Or was eBay correct to remove it?
Both statements are, in a way, true from different points of view.
* You acted in good faith. You did diligent research based on the information available from legitimate retailers and found no evidence that the part itself was "Prescription Only." You tried to follow the rules as you understood them.
* eBay was correct according to its own written policy. Because the item is a "heated water chamber," it is explicitly named on their list of prohibited items.

Therefore, the removal and violation are consistent with their terms of service.
Is another Seller messing with your Listings?

It is highly likely. The "User Report" is the giveaway. Competitors frequently report listings to eliminate competition. However, a user report only triggers a review. The eBay policy team then reviews the listing, and if it violates the policy, they take it down. The report brought your listing to their attention, but it was the violation of the "heated water chambers" clause that got it removed.

Is there any other way to get this Policy Violation looked at?
It is notoriously difficult to get a violation overturned, especially a second one. The appeals team, as the rep told you, is often final. Since you no longer have access to eBay for Business, your options are limited to the standard appeal channels.

Given that your first appeal (based on the "it's not a prescription item" argument) was denied, a second appeal on the same grounds will likely fail. The only slim chance might be a very concise, polite appeal explaining:
* You acknowledge the policy bans "heated water chambers."
* You misinterpreted this because the item itself lacks an "RX ONLY" label and is sold by major retailers without a prescription, leading to your confusion.
* You were given conflicting information by an eBay representative who stated it "was not on their list."
* You are asking for leniency and the removal of the strike based on this genuine confusion and your attempt to comply, not on the argument that the item is allowed.

Conclusion:
This is a classic case of a seller getting caught between real-world retail practices and a platform's rigid, self-protective rules. While you did nothing ethically wrong, you did unintentionally violate the specific letter of eBay's law. For the future, it is safest to assume that any part that goes into or connects to a CPAP machine—whether it's the machine, mask, hose, or water chamber—is prohibited for sale on eBay.