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Contact lenses medical device?
Summary: linsenversand reports repeated problems with the removal of his eBay listings for contact lenses, which are regarded as violations of eBay policies and medical product regulations. Despite successful appeals that led to the listings being reinstated, he sees the complaints as incorrect because they are based on US case law, which is not relevant to the German market. He is calling for a permanent resolution to the issue so that lawful listings are not continuously and wrongly removed and his business operations are not affected.
Hello community,
am I the only contact lens seller who keeps getting hassled by eBay??
And does anyone even read my email to customerhelp?
Does anyone know a good piece of advice?
Thank you very much.
Dear Sir or Madam,
I am contacting you regarding the repeated removal or suspension of my contact lens listings in the eBay shop “linsenversand”.
I have been selling contact lenses on eBay in Germany since 1999. In recent weeks, individual listings have now been objected to several times — if I remember correctly, about five times — with the note that they would violate eBay policies or requirements for medical products.
I have filed objections to these decisions each time. In all cases, my complaint was subsequently upheld and the listings were reapproved or relisted. In my view, this has already confirmed that the respective objections were not justified.
The problem, however, is that the same thing keeps happening again and again. Apparently my listings are being objected to automatically or on the basis of incorrect review criteria. In telephone support, I was repeatedly referred to U.S. regulations, in particular Food and Drug Administration requirements. However, these are not the relevant legal standard for the sale of contact lenses in Germany.
In Germany, contact lenses are sold over the counter and are offered in brick-and-mortar stores, by opticians, online, and in some cases also in drugstores. There is no general prescription requirement here, as seems to be derived from U.S. regulations. My listings are aimed at buyers in Germany and are offered in accordance with the legal requirements applicable here.
The repeated, initially erroneous removal of lawful listings is not only associated with considerable effort for me, but is also damaging to my business. Visibility, ranking, sales, and customer trust are affected, even though the listings are regularly reapproved afterward.
I therefore expressly ask you for a permanent clarification and an internal review of this matter.
Specifically, I ask for:
review of why my contact lens listings are repeatedly and incorrectly objected to,
consideration of the legal situation applicable in Germany and not the U.S. FDA regulations,
permanent marking or approval of my seller account or the affected listings so that the same error does not keep recurring,
forwarding of this matter to a specialist responsible office or to the department responsible for automated listing review,
written confirmation that my lawfully offered contact lens listings will not be removed again in future for the same incorrect reason.
I would like to expressly emphasize that I am of course prepared to comply with justified eBay policies. However, I cannot accept lawful listings being repeatedly removed on the basis of incorrect review criteria that apparently do not apply in Germany, and having to go through the same objection process every time.
Please therefore review this matter not only on a case-by-case basis, but in principle, so that the cause of the repeated incorrect decisions is eliminated.
I ask for a written response and a reliable solution.
Kind regards
Bernd Beutel
Beutel Augenoptik / eBay-Shop “linsenversand”
