Selling CPAP Masks..Ebay policy is Wrong!

[middaglabe8std]

Ebay's current policy regarding the sale of CPAP masks, either new or used, states that the FDA prohibits the sale unless you are a registered health care dealer, and a doctor's prescription is provided. This is not true at all. CPAP machines do require a prescription, but NOT masks. I have worked in health care for 20 years, and I am very familiar with the law regarding this. Ebay needs to meet with their lawyers and get this one figured out correctly. I am contacting them during business hours to contest this policy. I probably won't get far, but it's worth a try.

[new2thisusa]

New to this ebay thing but was trying to sell a cpap mask and it was pulled, I see others had the same problem but is it ok to sell it as parts? i'm a little confused

[sherry38301]

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@middaglabe8std wrote:
Ebay's current policy regarding the sale of CPAP masks, either new or used, states that the FDA prohibits the sale unless you are a registered health care dealer, and a doctor's prescription is provided. This is not true at all. CPAP machines do require a prescription, but NOT masks. I have worked in health care for 20 years, and I am very familiar with the law regarding this. Ebay needs to meet with their lawyers and get this one figured out correctly. I am contacting them during business hours to contest this policy. I probably won't get far, but it's worth a try.

They've taken my listed masks off twice this year. I need these out of the way and they should go to someone who needs them. Its like talking to a brick wall.
 

[65temple]

You do not need a prescription to purchase a cpap mask. FDA only requires a prescription if the mask is complete and is being fitted . If the mask requires any assembly at all, it is not complete. For example,  the headgear not being attached to the mask , meaning clicked in place or in place by whatever mechanism the mask uses. 

[willard940]

What an ignorant statement.

ni reports of any allergy problems with in store cpap mask sales in over ten years, not one.

But nice try.

i don't think selling them online makes cpap masks allergenic.

But, does seem logical that a few unscrupulous bias medical supplier company thieves would try to hoard the market

witjh their lying motives.

[marjymarj]

I was trying to sell the masks too but was pulled out. I sold them separately. I am not really sure why ebay is not yet updating their policy regarding cpap. 

[paddysstuff]

While I understand you were trying to add to this thread...your input wasn't really very helpful.  Yes, lots of people have allergies to silicone....that isn't the point here.  Users of these products probably already know whether or not they are allergic as they would have had to have gone through a sleep lab study to determine whether or not they need to be using them in the first place.  During that study they would most likely have discovered their allergy while using the mask.  Clinicians would be able to offer them other alternatives at this time.

[paddysstuff]

Really doesn't help for you to demean someone who is only trying to offer advise.  There are better ways to get your point across other than to "stick" it to the other guy.  Constructive criticism goes a long way....but slamming someone chokes off dialogue.  This is entirely what is wrong with our society today....if someone else's thoughts or opinion's are different than your own...they must NOT be tolerated.  How sad that the human race has lost its humanity to the point where individuals think they themselves are the only ones whose thoughts and feelings are important.

[ourfabfinds2014]

NO, you are wrong.  The FDA prohibits the sale of FULL masks to be sold with out a prescription.  The FDA told me themselves.  You cannot sell masks, period.

[ourfabfinds2014]

People never seem to read updated information with the FDA.  In 2015, the FDA began to require all machines, facial masks, and nasal hoses to be only sold WITH a prescription.  Ebay is only doing what the FDA told them.  If you do not believe eBay, call the FDA customer service number.  Its listed on the Internet.

[ourfabfinds2014]

People do not seem to research stuff before they start pointing the finger.  In 2015, the FDA began to require and prescription for all CPAP machines, full facial masks, and nasal hoses.  If you still question this, try calling the FDA customer service number and they will tell you.

[ourfabfinds2014]

The reason you need a prescription is because unless you know the correct setting for the oxygen levels, it can kill you.  

[1600penns]

Almost every post here is wrong, let me clear it up. I'm an RPSGT/RT and run labs and offices. The sale of CPAP (or BiPAP/ASV/APAP) machines AND masks requires a prescription. You are not allowed to sell machines or masks on eBay or Craigslist or a street corner. What you ARE allowed to sell is the cushion/pillow and (debatably) the headgear. So no, you can't just 'break it up'. You can't sell the mask frame or adapter hose parts. eBay policy states under Medical Devices > 'Allowed' : "Nasal pillows only (without accessories that effectively make the item a medical mask)". Despite this being their proactive black-and-white policy they still pull my auctions occasionally and I have to fight with them over it. Shouldn't have to when we read the policy back and forth to each other! Someone here said it's dangerous because of 'setting oxygen levels..'. No, that's misunderstanding. CPAP doesn't deliver oxygen. So again, eBay policy clearly states we can sell pillows (and cushions) but nothing else. So if they pull your pillow/cushion auction- fight them. If you're selling something else, you're actually breaking the law- not just eBay policy.

[alpacas440]

the most important part is the cpap machine not the masks and hoses they can be bought from a medical store anywhere new. I don't know why ebay wont let you sell the machine.

[gainerv]

Just my 2 cents worth. 

Unless I'm mistaken, everyone who has a cpap machine went through sleep study and received a prescription for the machine and some style of mask. 

My family now has 4 adults using cpap machines and through trying out and purchasing different equipment legally, we have a large amount of items we are not using much of which is brand new in packaging.  None of us are medical practitioners, just regular people who have sleep apnea.  We cannot request medical documentation from ebay buyers as this probably violates hippa laws, at minimum, and we really don't need to know anything about the medical history of buyers.

We simply want to pass on unneeded supplies to others who can use them at discounted prices.  I don't believe anyone would buy an item they can't use for which they should already have a prescription and are buying REPLACEMENTS, be it pillows, hoses, masks, etc.

Oddly enough, when looking at "sold" items, some masks and other restricted equipment seem to get through the process and has been sold.  However, since I have had my items pulled I expect I'm now on a watch list and would not be able to relist anytime soon. 

I hope someone can convince eBay to open up this category so we can sell off our oversupply.  Thrift stores and donation centers seem to have no problem accepting these as donations and then selling to anyone.  Guess the FDA doesn't cover them...

Thanks for reading my rambling...

[leftcoastbooks]

8 years this thread has been going.  To the posters that say you need an Rx to buy masks and hoses just go to Amazon, they sell plenty with no Rx.  Here's my latest issue on this topic:

Listing privileges suspended 30 days for listing CPAP medical supplies

On 8/6 I received a notice from eBay that my listing for a heated CPAP tube was removed for violating eBay’s  Medical and Prescription Items policy.  “You listed a heated tube. The Food and Drug Administration (FDA) classifies CPAP/Bi-PAP/Bi-Level machines, humidifiers and most masks/nasal pillow systems as prescription devices.”

On 8/28 I received another email saying I violated the same policy by listing a plastic CPAP water tank.  They suspended my account for 3 days.  I had already removed all the masks I had listed after the first notice as eBay claims they are prescription devices (not).  I had left up auctions for a non-heated hose, a water tank and some air filters as they didn’t seem to violate eBay’s policy.  After this warning I just removed an CPAP related items I had up. 

On 9/3 eBay sent yet another message saying I had violated their prescription policy for a CPAP mask that I had sold 1 month earlier on 8/2.  I had no CPAP gear listed at the time of this notice.  They suspended my account for 30 days.  Again, this was after I complied with their previous notice and had no CPAP gear listed.

I am an eBay Power Seller with 100% positive feedbacks on over 4000 sales.  I received a new CPAP machine of my own and was selling some new leftover accessories from my old machine. I tried calling eBay about this mess.  The foreign CSR did nothing more than repeat the same lines word for word that I received in eBay’s emails.  I explained the situation just as I laid it out here.  She again read back the same eBay message.  That was a huge waste of time.

Just to be clear – none of the items I was selling requires a prescription.  You can go to any medical supply store and buy these items over the counter (maybe not the machine but I wasn’t selling one).  If you search for CPAP supplies on eBay you will find 13,000 of the same items I was listing.  I checked before I listed my own to determine a good selling price.  Even though their policy on CPAP gear is not accurate I still complied with eBay’s rules and removed the troublesome products.  They then went back and suspended me for a sale a month prior and before even the first notice I received.

I don’t expect any positive resolution to this **bleep** – just a warning to others.