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Unjust Policy Violations

Hi! I have never posted here before but I am officially fed up and I am not sure what to do anymore. My account is restricted for 3 days and I am close to getting another violation in the same category, no fault to my own.

 

I am posting this on Oct. 13th and I have received 3 different, unjust policy violations since Sep. 29th. The first was on my listing for Nutrex Lipo 6 supplements. eBay took the listing down after they were all already sold with no notice, claiming it was a batch review and they were flagged for a while beforehand. The reason was" "We do not allow the sale of vitamins, supplements, medicines, or drugs that make claims about treating diseases or claims of improved health that are not approved by the FDA. Please do not relist this item." There are currently 138 active listings and over 300 completed of this same item. This item has an official eBay item number, catalog description, and provided stock photos. The 'specialist' on the phone said you cannot base the legality for listing an item based on eBay's own catalog or how many people have active / completed listings of it and that it was my fault because the FDA released an advisory on this item and I need to research my items better before I list them. I understood but decided to do my own research, because that did not entirely fit the policy violation description quoted above. The FDA in my home country, the United States, did not release an advisory or warning on this item in any recent year and this product is still a best seller on eBay, Amazon, and GNC. The FDA in the Philippines did. (http://www.fda.gov.ph/fda-advisory-no-2019-075-public-health-warning-against-the-purchase-and-consum...) Their advisory was also on the slightly different blue box, known as Nutrex Black Hers. My listings were for the black and red box. I do not offer intentional shipping on any items and I am not enrolled in the Global Shipping Program. There should be no reason for a foreign policy affecting my listings here in the states. I took down some other supplements afterwards to be safe and did not escalate any further, assuming I was now safe. I checked a few days later and funny enough all of the largest sellers of this item I remembered from my initial pricing research were still active, weird how no batch review has caught them hundreds to 1,000+ sales later. 

 

But today, something similar happened. My listing for Panadol pain reliever was removed. The reason being: "You listed pain relief medication with world wide shipping. please be aware of our UK policy 'Prescription and over-the-counter drugs policy': https://www.ebay.co.uk/help/policies/prohibited-restricted-items/prescription-overthecounter-drugs-p... If you choose to relist you will need to exclude the UK and Ireland from your shipping options." This was much more straightforward than the other strike, but at the same time I still do not offer international shipping. This item is obviously allowed on eBay because there are instructions on how to relist after my restriction is over. This listing was almost a year old and during that time I never offered any sort of global shipping option. One of the representatives on the phone muttered something about not specifically stating the UK and Ireland were excluded on my listing itself, but I looked through shipping exclusions and both countries are listed under Europe and both were checked. There is no way to make Ireland and UK appear on the exclusion list of your listing that is visible to buyers, they're just included under Europe. And I have the same shipping exclusions on every listing. eBay informed me that you cannot directly contact their highest departments who handle these cases anymore and that they are strictly offline, so I have to wait 24 hours or 1/3rd of my restriction to see if they fix their obvious mistake or not. I think it is pretty clear that I did not break the guideline in question.

 

Before I was made aware of the batch review, eBay ALLOWED me to relist the already sold Nutrex Lipo 6 supplements because I found 2 more bottles in the lot of vitamins I recently purchased. They both sold days before my initial listing was taken down. If they are also included in the next batch review, whenever that may be, my account will be restricted for at least 7 days. I made that clear to the 'specialist' when I initially called and got no options or insight on how to save myself. He claimed he made a note on the initial violation but there is no way to know if that'll even help. 

 

The 3rd violation I mentioned was on a legitimate, genuine adidas logo iPhone case. In my initial research last year, I found the model was discontinued and exclusive to adidas New Zealand. Again, other listings are still active to this day. "Due to several risk indicators which could be, but are not limited to: price, branding, stitching, blatant language stating the item is counterfeit, logos, information from a Brand or a Rights Owner, etc., we have chosen to remove this item to protect the eBay community." This was not a VeRO strike, this was not a trademark strike. adidas was not involved in the slightest. This was another listing I had on for almost a year with no complaints. I know how adidas operates on eBay, some of my acquaintances were caught listing fake Yeezy socks and got VeRO struck within a short amount of time. The model is CJ8326, there are still some EU websites who sell these cases. eBay took down my listing on their own accord with no basis whatsoever, completely out of the blue. I did not sell very many over the course of the listing but I had no returns, no complaints or messages, and no negative or neutral feedbacks from any buyer on them.

 

There are countless other complaints I could talk about in the past 60 days, like eBay siding with a buyer who returned a different ravpower power bank almost immediately even though I provided detailed pictures and the max number of characters to describe the situation. Or the vitamin company Gundry MD abusing VeRO to claim my perfectly normal Vital Reds powders were 'counterfeit'. I rarely ever ask eBay to step in for me as a seller, but every time I do I am shot down. Before this period, eBay was amazing to me. When I was smaller and only sold Pokemon cards and Nintendo games, I had no complaints. But sadly, my collections cannot pay the bills anymore. This is my job, not a hobby. I sell hundreds of items a months. I have been selling vitamins and supplements for years now. I am not sure why, all of a sudden, I am getting all of these unjust policy violations. I read all of the guidelines for listing vitamins and supplements before I started. I do not sell anything not allowed by the FDA. I do not sell products like colloidal silver, everything is sold at other stores and by other eBayers with little to no issues. I am still awaiting eBay's final decision on their mistake with the Panadol. I still cannot list or do my job. I have never broken a legitimate policy and I have never sold an inauthentic product, my seller standards are basically 100% across the board and my only negative in over 4 years is about to disappear next month, and yet here I am. I wake up anxious every morning because these past few weeks have made me genuinely worried. I am not sure which listing will be removed next. I have no way to prepare, the amount of time a genuine listing has been on does not seem to matter and even following eBay's policies to a tee still gets me in trouble. Maybe someone has some tips or similar experiences, but for now I am just going to stop selling any sort of supplement altogether even though I have so much invested in them. But I still do not know which genuine item they are going to claim is inauthentic next. Thank you for reading.

Message 1 of 20
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19 REPLIES 19

Re: Unjust Policy Violations

You are skating on thin ice and tempting the eBay Fates to suspend your selling privileges, with no hope of reinstatement. Once an item has been taken down, the best advice is to never relist it. Even if eBay removed it In error, there have been cases like this that ended in selling account restriction for life.

 

There is a clause in the eBay User Agreement that says:

”...we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.”

 

This is eBay’s party. I think you are wise to have decided against listing the supplements. Sorry for your trouble.

 

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

 

 

Message 2 of 20
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Re: Unjust Policy Violations

idk why but each year i see gamestop scummy greedy corporation practices seeping into ebay policies or its business itself. 

Message 3 of 20
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Re: Unjust Policy Violations

You will be banned for life if you list any more pain relievers, any type of supplements, or anything you say can cure people. Keep the stuff off the site if you want to continue to sell n Ebay as it is against the rules.

Message 4 of 20
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Re: Unjust Policy Violations

How about normal vit C, vit b, normal herbals. Are they ok?

Message 5 of 20
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Re: Unjust Policy Violations


@kept2long wrote:

How about normal vit C, vit b, normal herbals. Are they ok?


I have no idea: but if they are not, you will not be selling on ebay much longer.

You have been flagged for violations, and eBay will be watching.

 

Oh and best if you find out for your self through the rule of ebay and not by asking other users.

We can give advice and opinions and be very very wrong, as well as right.

 

https://www.google.com/search?client=firefox-b-1-d&q=ebay+retricted+items 

Message 6 of 20
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Re: Unjust Policy Violations

Might also add, if CS tells you, 'okay, all is right with the world', that is only one voice.  The 'bots don't listen to that voice and are programmed to take the things down, again, still, and you will likely be out of here.

Not saying 'NO' doesn't mean 'YES'.

The foolishness of one's actions or words is determined by the number of witnesses.

Perhaps if Brains were described as an APP, many people would use them more often.

Respect, like money, is only of 'worth' when it is earned - with all due respect, it can not be ordained, legislated or coerced. Anonymous
Message 7 of 20
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Re: Unjust Policy Violations

May I please offer the kind advice to not relist any item that has already been taken down? Move those items to another platform where they are allowed. Don't risk your entire account being banned over one product. Its really not worth it!

 

I wish you the best!

Message 8 of 20
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Re: Unjust Policy Violations

"The 3rd violation I mentioned was on a legitimate, genuine adidas logo iPhone case. In my initial research last year, I found the model was discontinued and exclusive to adidas New Zealand."

 

I am guessing that someone? or a bot? thought this was not a valid item?  Maybe because it was so obscure?

I'm kinda stumped on this one.

Message 9 of 20
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Re: Unjust Policy Violations


@kept2long wrote:

"The 3rd violation I mentioned was on a legitimate, genuine adidas logo iPhone case. In my initial research last year, I found the model was discontinued and exclusive to adidas New Zealand."

 

I am guessing that someone? or a bot? thought this was not a valid item?  Maybe because it was so obscure?

I'm kinda stumped on this one.


Some brands release certain items in limited countries, and they don't allow them to be sold to other countries. IF this phone case was such an item, and was offered for sale to other countries, then yes it would get pulled.

The easier you are to offend the easier you are to control.


We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell
Message 10 of 20
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Re: Unjust Policy Violations

From what I am seeing and reading, it looks like normal vitamins appear to be ok to sell as long as you don't make any claims about what they do. It appears that with the obscure brands, many are veroed by the makers.

So generic ok and specialty beware?

Message 11 of 20
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Re: Unjust Policy Violations

I see the ice getting thinner.

Message 12 of 20
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Re: Unjust Policy Violations

it's their friggin' sandbox... we gotta play by their rules or not at all...

Message 13 of 20
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Re: Unjust Policy Violations

I did a general search for vitamin C and 31,000 supplement results showed up. General vitamin supplements

look to be ok. Any vitamin sellers concur? 

Message 14 of 20
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Re: Unjust Policy Violations


@mlgprogames wrote:

The reason was" "We do not allow the sale of vitamins, supplements, medicines, or drugs that make claims about treating diseases or claims of improved health that are not approved by the FDA.

 

This item has an official eBay item number, catalog description, and provided stock photos. 

 

The FDA in my home country, the United States, did not release an advisory or warning on this item in any recent year.


Ok, the fact this item is an official part of the catalog bothers me, and that is the only reason I quoted that bit however that will not save you.  The next part...

It's not about the FDA releasing an advisory or warning, it's about it not being FDA approved.

 

So, here's the skinny, none of it matters if ebay BOTS take an item down.

Do NOT relist, even if the FDA approves it today, even if it's in the catalog, even if many other same item listings exist and especially not if an ebay CS rep tells you it should be ok now.  Do NOT relist.

 

That's all I can tell you, I have been down this road before, after the 3-day suspension comes either a 7 or a 10-day one, then a 30-day one and I believe after that it's permanent?  I am not sure but I can tell you it is best to toe the line after the first one because I think it's 3 strikes and you're out or maybe you're out on the 4th one but whoever tests these waters won't be coming back to tell us.

 

The bit with VERO and the brand names, I could go on a rant about that in itself but again it matters not.

 

My suggestion to you, is find an entirely different line of products to sell here.

Stay away from meds and stop giving your money to persnickety corporations who obviously have a hair in the wrong place about their name brand.  

I know it will be painful, but it will be better in the long run.

Best of luck to you.

 

 

 

Message 15 of 20
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