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Medical Drugs & Devices Policy

If you intend to sell on one or more of eBay's international sites, you will need to accept, and we encourage you to carefully review, the User Agreement, policies, and other requirements of that site. You can continue to reach out to the relevant customer service teams on the respective eBay site of your listing or transaction, as may be applicable to the nature of your query.

The sale of prescription drugs & medical devices is highly regulated by the government because of potential dangers and associated health risks with the use of such drugs/devices. As per law, only a licensed retailer can sell drugs as per a prescription provided by a medical practitioner. For these reasons, we don't permit them to be listed on the site.

For the health and safety of users and to encourage compliance with applicable laws, eBay has instituted the below mentioned rules relating to sales of over-the-counter drugs & equipment (here in after referred to as “OTC”) i.e. medical drugs & professional medical devices that may be sold without a prescription and without a visit to a medical professional (in contrast to prescription drugs). Authorized sellers, must strictly follow the rules set out below when listing such items on eBay.

Additionally, It is illegal to mention, compare or describe a product as a prescription drug. Claiming an item can cure an ailment or a disease when the medical authorities hasn't approved such claims is also not allowed.

Please see the “Additional Information” section for requirements before listing medical drugs & devices. Please see the “Some Examples” for examples of devices & drugs permitted / not permitted for sale on eBay

Violations of this policy may result in a range of actions, including:

  • Listing cancellation

  • Limits on account privileges

  • Account suspension

  • Forfeit of eBay fees on cancelled listings

  • Referral to Law Enforcement

Examples of Medical Drugs & Devices that are permitted on eBay

  • Air Flow meter

  • Beakers

  • Blood pressure monitor

  • Gluco meters

  • Digital flow meter

  • Digital multi meter

  • Temperature measuring instrument

  • Weighing system

  • Humidity controller & indicator

  • Liquid measurement instruments

  • Measurement weights

  • Measuring cylinder

  • Moister balances

  • Calibrators

  • Pocket scales

  • Pressure gauge

  • Medical drugs which do not require any medical prescription and approved by FDA for over the counter sale

Examples of Medical Drugs & Devices that are NOT permitted on eBay:

  • Contact lenses

  • Prescription eyewear (vintage eyeglasses sold for collectible purposes are permitted)

  • Electrical Muscle Stimulation (EMS) units and their accessories that require a prescription

  • Transcutaneous Electrical Nerve Stimulators (TENS) machines and their accessories that require a prescription

  • Oxygen concentrators, oxygen compressors, oxygen conservers and their accessories that require a prescription

  • Defibrillators that are not approved for over-the-counter sale

  • Pulse oximeters that are not approved for over-the-counter sale

  • Continuous Positive Airway Pressure (CPAP), Bilevel Positive Airway (BiPAP) devices, and Variable Positive Airway Pressure (VPAP) devices that require a prescription

  • Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps.

  • Sensitive implant devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices and / or implant infusion pumps etc

  • Scheduled, restricted or banned medical equipment.

  • Pre Natal Diagnostic Kits

  • Sex Determination Kits

  • Medical drugs or equipment that require prescription or are not approved for over the counter sale

  • Claiming or suggesting that muscle-building supplements have the same effect as steroids

  • Claiming that stamina products work like Viagra or other erectile dysfunction medications

  • Making a claim which is disallowed under Drugs and Cosmetic Act. or when the medical authorities hasn't approved such claims. This includes claiming an item can cure, relieve, treat, or reduce the risk of getting an ailment or a disease.

Sellers may not list medical devices on eBay that require government authorization for distribution to third parties.

Further, eBay requires sellers of medical devices (for example, thermometers) to not be in violation with each of the following, when listing such items on eBay:

  • Sellers must handle all medical devices in accordance with the manufacturer's instructions before posting. Sellers may not list any medical device that has been altered in any way that significantly changes the product's performance or safety specifications.

  • By listing in this category, sellers certify that he / they are authorized to sell and will comply with applicable laws to the sales of professional medical devices.

General FAQs :

 

 
What does the term medical prescription mean ?

A medical prescription is an order (often in written form) by a qualified health care professional to a pharmacist or other therapist for a treatment to be provided to their patient.


How is therapeutic goods or devices, regulated ?

The regulation of therapeutic goods, that is drugs and therapeutic devices, varies by Government regulations i.e. G.O.’s / jurisdiction (i.e. Acts) of the Country. The role of therapeutic goods regulation is designed mainly to protect the health and safety of the population, aimed at ensuring the safety, quality, and efficacy of the therapeutic goods. In most jurisdictions, therapeutic goods must be registered before they are allowed to be marketed. There is usually some degree of restriction of the availability of certain therapeutic goods depending on their risk to consumers.

Legislation may define certain equipment as "prescription devices". Such prescription devices can only be used under the supervision of authorized personnel and such authorization is typically documented using a prescription. Examples of prescription devices include dental cement (for affixing braces to tooth surfaces). Legislation will often specify a prescription as the mean by which one may legally possess syringes.


What is Indian Standard Mandatory Certification?

It is mandatory, for certain items to acquire a certificate as per directions of appropriate Government, Department. E.g. directions issued by Ministry of Consumer Affairs, Food and Public Distribution, Deptt. of Consumer Affairs vide GSR No. 843(E) dt. 9 November 2001 for Clinical Thermometers (Quality Control), 2001 u/s 14 of Bureau of Indian Standards Act 1986, implementation power with Director, Legal Metrology. The GR specifies the requirements and methods of tests for OTC e.g. solid stem type mercury in glass clinical thermometers having a maximum indicating device needs to under go test for hardness of maximum indicating device, test for permanency of marking, test for accuracy.

eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of prescription drugs & medical devices is highly regulated, sellers must follow the steps outlined in this policy to list any such items on eBay

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