08-07-2025 10:04 AM - edited 08-07-2025 10:06 AM
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.
Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:
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
But yet Ebay still dings me with this:
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.
08-08-2025 09:07 AM
@dhbookds wrote:
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:
Hey @dhbookds items that require a prescription are not allowed on the site. Accessories that may require a prescription are generally not allowed on the site either. A general rule of thumb is if you can walk into any Walgreens, Walmart, CVS, Target, etc.. and grab the item off the shelf, it would be allowed on the site.
That being said, as others have mentioned in the thread as well, if an item has been removed from our site, it's typically not recommended to relist it.
08-08-2025 11:06 AM
@hotwheelsbum wrote:
My issue is what having a Policy Violation strike against me when I have NOT Violated any Policy.
You sure about that?
Selling stuff ebay doesn't want you to sell is a policy violation. You won't argue the point to get what you want no matter how much energy you expend.
Dump this account and start a new one.
08-08-2025 11:12 AM
Over my many years of selling online and participating in online forums, I have noted that whenever an online seller parses the site policies to find the justification for why a policy violation is not a policy violation, the results are not positive, even if they see a temporary reprieve.
My own experience has been that with repetition of the disagreement comes a loss of reprieves.
08-08-2025 11:38 AM
Any medical device that REQUIRES A PRESCRIPTION can't be sold on eBay, including:
IS the Humidair 11 39100 Reservoir Tank the same thing ?
08-08-2025 02:18 PM
kyle@ebay wrote:
@dhbookds wrote:
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:
A general rule of thumb is if you can walk into any Walgreens, Walmart, CVS, Target, etc.. and grab the item off the shelf, it would be allowed on the site.
Thing is with this Tank, YES, you can walk into a store and grab it off the shelf, go up up to the counter, pay for it, and walk out with it. Not at CVS, Target, Walmart though. Any Medical Supply Store has them out on the shelves for sale to the public. We have a huge Company caller Britkare Medical Supplies down here. A Retail store for Medical Equipment and Supplies. They have a whole aisle for CPAP equipment and parts, cash register, everything. They also have a Display shelf for items you have to get from behind the counter, so I guess that's the Prescription Only items. Way back when I first got this set up, Sales Rep showed me the aisle and said if I ever need anything in an Emergency before my 90 day Box came in, I could just swing by and grab what I needed there. I do remember seeing hoses, filters, and a whole lot of these Brown Boxes that these Tanks come in on the shelves.
Also, these Tanks are ALL OVER Amazon. I could Buy one right now if I wanted.
Funny, Ebay so much wants to BE Amazon, but is refusing to sell items Amazon sells. Go Figure. Seems like it would be opposite, right. (LOL)
08-08-2025 02:20 PM
@grand-and-glorious-purpose wrote:
@hotwheelsbum wrote:
My issue is what having a Policy Violation strike against me when I have NOT Violated any Policy.You sure about that?
Selling stuff ebay doesn't want you to sell is a policy violation. You won't argue the point to get what you want no matter how much energy you expend.
Dump this account and start a new one.
Guess you haven't read the entire thread, Huh?
Go back and read. Ebay said I could sell it. Ebay even said it wasn't even on their list of restricted items.
Try again.
08-08-2025 02:26 PM
@janet9988 wrote: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
IS the Humidair 11 39100 Reservoir Tank the same thing ?
Obviously it is, even though it is not called that when it comes to its Part identification for CPAP Machines. Heated Water Chambers are related to Humidifiers. CPAP Machines have Water Reservoirs. ResMed even identifies these Water Reservoirs as "Tubs", not Heated Water Chambers. Ebay has found a way to refer, cross reference a Humidifier Part to a CPAP Part.
08-08-2025 02:42 PM
@hotwheelsbum wrote:
@kensgiftshop wrote:
@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.
You seem to be missing the INCLUDING part.
Doesn't matter if the part doesn't need a prescription, you can't sell it here.
I know there's some listed and have been sold, they haven't been caught or reported yet.
08-08-2025 06:04 PM
@hotwheelsbum wrote:
@grand-and-glorious-purpose wrote:
@hotwheelsbum wrote:
My issue is what having a Policy Violation strike against me when I have NOT Violated any Policy.You sure about that?
Selling stuff ebay doesn't want you to sell is a policy violation. You won't argue the point to get what you want no matter how much energy you expend.
Dump this account and start a new one.
Guess you haven't read the entire thread, Huh?
Go back and read. Ebay said I could sell it. Ebay even said it wasn't even on their list of restricted items.
Try again.
This is wrong. An outsourced rep told you that or responded to you with that.
Only a few avenues to actually get an employee to say something and the forums is one.
But the real employees will be very vague and not give a definitive answer.
So I'm pretty sure wherever you got information they just wanted to get rid of you.
Ive seen eBay customer service approve items that are a policy violation just to get the person banned by resisting it again thinking it's okay.
So anytime I hear you say eBay said its okay. This just gonna go in one ear and out the other.
08-09-2025 09:47 AM
@kensgiftshop wrote:
@hotwheelsbum wrote:
@kensgiftshop wrote:
@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.
You seem to be missing the INCLUDING part.
Doesn't matter if the part doesn't need a prescription, you can't sell it here.
I know there's some listed and have been sold, they haven't been caught or reported yet.
No I'm not missing the INCLUDING part.
Have you researched CPAP Parts and Accessories? Almost every part has a PRESCRIPTION Part, and a NON-PRESCRIPTION Part. You have Prescription Masks, Non-Prescription Masks. Prescription Tanks, Non-Prescription Tanks. Prescription Filters, Cushions, Non-Prescription, so on.
Policy Wording is misleading. Misleading as hell. Instead of using the word INCLUDING at the top of the Policy, it needs to say:
That in itself would eliminate ALL these listings. The confusion on how it's worded. Whether you can or cannot list and sell anything CPAP. CS Reps could simply say, NOTHING CPAP is allowed on our site. Common sense solution.
08-09-2025 10:37 AM
@janet9988 wrote: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
IS the Humidair 11 39100 Reservoir Tank the same thing ?
Yes.... and I believe this is the confusing part. All the other parts listed require a prescription. The tank does not.
08-09-2025 11:22 AM - edited 08-09-2025 11:22 AM
I didn't read through every post so forgive me if this has already been stated.
Your second notice was determined by a eBay rep, not a bot. It looks like your listing was reported by a user, probably someone else selling CPAP stuff.
I used to sell mostly HBA and medical stuff. I received a fair share of those policy violations, probably a half-dozen. Never for the same thing, which is why my account was never in jeopardy. If eBay told me not to sell something, I didn't backtrack and try to sell any of it. Sometimes the issue isn't that it is a prescription in the United States, but it may be in other places (e.g. the EU). That can get your listing taken down. I have almost completely moved away from those types of things on this platform. You can appeal the policy violation, but don't expect it to be removed. It isn't going to impact you though as long as you do not list anymore CPAP related things. Avoid that stuff.