Legality of selling a new APAP product?

[fmj13]

I saw an APAP being sold on Kickstarter. They say it is not a medical device. Does that disclaimer make it legal? I am not posting the link as I am in no way promoting this product, I am just curious.

[Dog Slobber]

Depends on the language being used. The devil is in the detail.

And if you're not going to post the link, then nobody can answer or even discuss it intelligently.

Post the link, and no, nobody will make any kind of an association between you promoting the device because of a link.

[fmj13]

Depends on the language being used. The devil is in the detail.

And if you're not going to post the link, then nobody can answer or even discuss it intelligently.

Post the link, and no, nobody will make any kind of an association between you promoting the device because of a link.

Fine, it is https://www.indiegogo.com/projects/ya50 ... g-anywhere#/

[Dog Slobber]

Perfectly legal. It's a Chinese company, not bound by US laws and FDA import regulations.

IndieGoGo is a buyer beware platform, their terms state they do not validate the truthfulness, quality, safety, ... of user content. Disputes are between the provider and end users.

The device is clearly an APAP and while the provider states it's not a medical device, it clearly is.

But, that's good enough for IndieGoGo.

Buying one, and assuming it's even shipped, will likely result in it being confiscated at customs. I also wouldn't expect a refund, all though assuming IndieGoGo holds back payment long enough, one might get a partial refund.

Expect Uncle Nicko to start selling them as a perk to joining his platform any day now.

Fine, ...

How old are you, 10?

Are you stomping your feet and huffing and puffing?

[zonker]

Expect Uncle Nicko to start selling them as a perk to joining his platform any day now.

[palerider]

I saw an APAP being sold on Kickstarter.

Fine, ...

How old are you, 10?

Are you stomping your feet and huffing and puffing?

Also not on kickstarter.

[fmj13]

Perfectly legal. It's a Chinese company, not bound by US laws and FDA import regulations.

IndieGoGo is a buyer beware platform, their terms state they do not validate the truthfulness, quality, safety, ... of user content. Disputes are between the provider and end users.

The device is clearly an APAP and while the provider states it's not a medical device, it clearly is.

But, that's good enough for IndieGoGo.

Buying one, and assuming it's even shipped, will likely result in it being confiscated at customs. I also wouldn't expect a refund, all though assuming IndieGoGo holds back payment long enough, one might get a partial refund.

Expect Uncle Nicko to start selling them as a perk to joining his platform any day now.

Fine, ...

How old are you, 10?

Are you stomping your feet and huffing and puffing?

I don't understand your response. You don't know me and yet, when you ask me to post a link, you decide to insult me for no reason literally on your interpretation of a one word post. I said from the beginning that I was only curious. I have no intention of buying this product or of paying attention to any of your posts again in the future.

[fmj13]

I saw an APAP being sold on Kickstarter.

Fine, ...

How old are you, 10?

Are you stomping your feet and huffing and puffing?

Also not on kickstarter.

To me they are basically interchangeable and I look at them both at the same time.

[Julie]

Anyone can sell anything anywhere as long as it's not stolen or ... Loads of people sell their machines, masks, whatever on EBay, Craigslist, etc. etc. etc., privately, publicly, whatever... where are you?

[palerider]

Also not on kickstarter.

To me they are basically interchangeable and I look at them both at the same time.

You've been around here for a while, you might have noticed that people here tend to actually appreciate some degree of precision.

indiegogo and kickstarter are not the same, no matter what you may think, they have different rules, and when you say "zomygod soemone on kickstarter is breakin tha LAW!", you waste peoples time if they decided they are interested in figuring out WTF you are gibbering on about.

Do have yourself a nice day.

[Dog Slobber]

Fine, ...

How old are you, 10?

Are you stomping your feet and huffing and puffing?

I don't understand your response. You don't know me and yet, when you ask me to post a link, you decide to insult me for no reason literally on your interpretation of a one word post. I said from the beginning that I was only curious. I have no intention of buying this product or of paying attention to any of your posts again in the future.

I quoted your passive-aggressive response, to a reasonable request for a link.

And do you think I care whether you'll be paying attention to my posts? You didn't pay attention to my previous, why start now?

To me they are basically interchangeable and I look at them both at the same time.

Except, by not including the link and then posting the wrong site, you made it impossible for anyone to find the product themselves.

But hey, to you, they are basically the same. Well thought out.