It's important to check whether items can be sold on eBay before they are listed.
Medical devices supplied on the UK market must meet the requirements of the Medical Devices Regulations 2002 - opens in new window or tab.
Medical devices must be registered with the MHRA and must be UKCA/CE marked in order to be supplied on the UK market. It is the responsibility of the manufacturer to make sure that the products they supply onto the market are validly UKCA/CE marked.
What is the policy?
The following are not allowed:
- Any medical devices that do not have a UKCA/CE mark and/or that have passed their expiration date
- Continuous Positive Airway Pressure machines (CPAP)
- Electrical Muscle Stimulation (EMS) units
- Transcutaneous Electrical Nerve Stimulators (TENS), and any accessories
- Oxygen concentrators, compressors, or conservers, and any accessories
- Nebulizers and their accessories
- Pulse oximeters
- Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable infusion pumps
- Pumps and ancillary items for the administration of enteral tube feeds
- Contact lenses (including "zero powered" or cosmetic lenses)
The following medical equipment and related products, which can be abused for unlawful purposes, are not permitted:
- Items or device parts that could be used to facilitate the manufacture of illegal drugs or pharmaceutical products
- Needles, with or without a disposable syringe
The following information must be displayed in the item description:
- If applicable, UKCA/CE mark and the number of the Approved Body or Notified Body displayed on the device, which relates to the notified body which has issued the UKCA/CE certificate
- Whether the device is sterile or non-sterile, and if sterile, the method of sterilization
- If applicable, that the device is an In-Vitro Diagnostic device (IVD)
- Hearing aids may only be listed by sellers properly registered with the Health & Care Professions Council - opens in new window or tab, and their registration number must be displayed in the listing
- COVID-19 home use tests that are available without a prescription may only be sold by pre-approved sellers and must also follow these guidelines:
- The test must be approved by the NHS
- The listing description must comply with NHS advertising restrictions:
- The listing may not use Auction format or Best Offer
- The listing must be in the Health & Beauty > Health Care > Monitoring & Testing > Covid-19 Self Tests category
- The item may only be offered to UK buyers and may only be shipped domestically
- Must be priced in accordance with applicable law
The following items can be sold:
- Over-the-counter (OTC) medical devices
- Vintage or collectible medical devices, but listings must state that these are not intended for use
- New disposable syringes can be listed, but needles cannot be included
When listing medical device products on eBay, sellers must comply with labelling requirements that apply to the packaging and Instructions For Use (IFU).
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Additional information
- Information regarding the regulation of medical devices starting 2021 here: https://www.gov.uk/guidance/regulating-medical-devices-from-1-january-2021 - opens in new window or tab
- List of regulatory guidance from MHRA relating to medical devices and their requirements can be found here: https://www.gov.uk/government/collections/regulatory-guidance-for-medical-devices - opens in new window or tab
- The Cancer Act 1939, in Section 4(1) states that it is an offence to treat, prescribe a remedy for, or give advice in connection with the treatment of cancer. The Act also prohibits the advertising of cancer products
- The Opticians Act 1989, in Section 27 restricts the sale and supply of optical appliances, including corrective glasses and contact lenses, to registered optometrists, dispensing opticians, and medical practitioners, or those working under their supervision or general direction
- Information and guidance from relevant industry bodies and Royal Colleges on specific medical device products. For instance, for dental products, visit the General Dental Council - opens in new window or tab website, or for optical products including spectacles and contact lenses, The College of Optometrists - opens in new window or tab website
- Information on third-party certificates and verifying legitimate certification can be found here: https://www.gov.uk/government/news/medical-device-certificates-of-compliance-attestation-of-conformity-have-no-legal-standing-under-mdr - opens in new window or tab
- If you have any questions on the general regulatory requirements that apply to medical device products supplied to the UK market, you may contact MHRA here: https://www.gov.uk/guidance/contact-mhra - opens in new window or tab
- The UK Medical Device Regulations 2002 transposes the requirements of Directives 93/42/EEC (general medical devices), 98/79/EC (in-vitro diagnostics) and 90/385/EEC (active implantable medical devices) into UK law
Tip
Visit Seller Help - opens in new window or tab to find details of any policy issues with your account or listings, and get the information you need to quickly resolve them.
Why does eBay have this policy?
This policy helps to protect the safety of our members while ensuring that important government regulations are followed.