RESMED gone wild - u need prescription to buy RESMED's mask

I would really love it if someone started another auction site that would really give Ebay a run for their money.

If someone has or can find specific documentation regarding the selling of masks with or without a prescription please post it here.
I for one will send a note to ebay citing that information and asking for an explanation on why they have banned the sale of ALL such equipment based on one manufacturers attempt at controlling it's distribution channel.......I thought "Prescription requirements" were Federal regulations put out by the FDA........What Federal regulations is ebay citing???

I don't believe a company can require a prescription for an item type that is freely available without via other avenues. They can control their distribution channels but I don't believe it can be done by citing false regulations.....

Perhaps it's been a misconception, but I have always been under the impression that masks were also prescription items along with machines. It really doesn't make sense, but hey......there's a lot of life that doesn't make sense!!!! (Especially when it pertains to Federal anything)
What are they afraid of, someone hooking one of their masks to a vacuum cleaner??

Sheesh.....more speed bumps in the road of life.....

cheers
goose

Copy/pasted from the Puritan Bennett web site, on their mask pages:

"Note To Patients:
All the devices shown here are prescription products and must be obtained from a licensed homecare provider or physician. Patients cannot purchase directly from Puritan Bennett."


I've noticed similar wording on virtually all the manufacturers sites. Sounds like the intention was in place all along, and now various sellers are cracking down on it.

It's rather sad .. I mean really, do you think there are going to be wild mask parties where dozens of people sit around wearing cpap masks and accidentally injure themselves because they aren't hooked up to a machine? Sorry, I don't think any sane person would wear them if they didn't need them, and if they do need them, it shouldn't be an issue. I'm free to go buy a pair of crutches without a prescription, and I'm sure we all know someone who has managed to fall and bust his or her ass using them. I don't see any real difference between the two.

Susan M

_________________

CPAPopedia Keywords Contained In This Post (Click For Definition): Puritan Bennett, CPAP, Prescription

This is eBay rules regrading CPAP, mask is not even mentioned!


>
> CPAP (Continuous Positive Air Pressure) machines require a
prescription
> from a licensed practitioner and are therefore not permitted on eBay.
This
> includes Bilevel Positive Airway (BiPAP) devices, and Variable
Positive
> Airway Pressure (VPAP) devices and their accessories that require a
> prescription.
>
>
> For more information on Medical and Prescription Items visit the
following
> Help page:
>
> http://pages.ebay.ca/help/policies/prescriptions.html

This is ebay's written policy (for what it's worth):

"Medical Devices

For the health and safety of eBay users and to encourage compliance with applicable laws, eBay has instituted several rules relating to sales of medical devices on our site. eBay allows the sale of most prescription medical devices, but requires sellers of medical devices that require a prescription for distribution to the public to strictly follow certain rules when listing such items on eBay.

Please see the “Additional Information” section for requirements before listing medical equipment and supplies (devices). Please see the “Some Examples” for examples of devices 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
*Loss of PowerSeller status

Some Examples

Examples of Medical 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) devices, 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 fusion pumps.

Additional Information
Requirements for selling non prescription medical devices:

*Sellers who wish to offer professional medical equipment and supplies for sale on eBay, may do so only in the following subcategories of the > Business & Industrial > Healthcare , Lab & Life Science category:

Dental
Imaging and Aesthetics Equipment
Medical Equipment
Medical Instruments
Medical, Specialty
Medical Supplies & Disposables
Other Healthcare, Life Science
Wholesale lots

*By listing in this category, sellers certify that they will comply with all laws applicable to the sales of professional medical devices—including making sure that the buyer is authorized by law to purchase the item. In addition, sellers in this category must include the following language in the item description:

The seller's complete business name, city and province, and type of business (i.e., hospital, medical office, manufacturer, distributor, broker, etc.).
*Sellers must clean and handle all medical devices in accordance with the manufacturer's instructions before shipping. Sellers may not list any medical device that has been altered in any way that significantly changes the product's performance or safety specifications. All items must be delivered to buyers prior to a clearly marked expiration or "use by" date.
*Sellers must clearly inform potential bidders, in the item description, if the device has been opened or used.
*Users should review the product manufacturer's website before listing or bidding on any used medical device to obtain the latest information about any health or safety issues relating to that product.


Sellers who have questions about legal obligations regarding sales of medical devices should consult with Health Canada.
Why does eBay have this policy? Hide

Since the sale of some medical devices may be prohibited by law, regulated or cause harm to eBay or its members, sellers should use caution when listing them on eBay.."


I see no mention of masks whatsoever.....
cheers
goose

dieselgal wrote:I would really love it if someone started another auction site that would really give Ebay a run for their money.

Damn DG! I thought you LIKED cats! Why're you waving handguns at kittens??? You Texicans... Crazy!!!

LOL,
B.

Well, f*ck Resmed.

There's a Respironics rep cruising this board offering people free Respironics products. In fact, he's come through with bells on for one forum member.

I guess he's smart enough to realize if the first toke is free today, the sucker- er, customer, will come back for more with money tomorrow.

Too bad Resmed doesn't get that concept. Good thing I don't wanna buy their products.

LOL,
B.

[quote="Babette"]Well, f*ck Resmed.

There's a Respironics rep cruising this board offering people free Respironics products. In fact, he's come through with bells on for one forum member.

I guess he's smart enough to realize if the first toke is free today, the sucker- er, customer, will come back for more with money tomorrow.

Too bad Resmed doesn't get that concept. Good thing I don't wanna buy their products.

LOL,
B.

Gimme a break!! (I'm a Resmed CPAPper). READ the literature that comes w/your Respironics mask, with your Fisher & Paykel mask, w/all of your masks by any other xPAP interface manufacturer.

Respironics:
CAUTION! US Federal law restricts this device to sale by or on the order of a physician.

Fisher & Paykel
CAUTION. US Federal Law restricts this device to sale by, or on the order of a physician.

Resmed:
CAUTION. In the USA, federal law restricts this device to sale by, or on the order of, a physician.

WHAT is with this pot-stirring, anti-Resmed, paranoia??

Sorry to hear that about "E"BAY, I really want that heart valve and it's install kit. Now I'll have to go "Black Market" Jim

Price Fixing by the system, they could care less about your health. It's all about the "$$$$".

PRICE FIXING, GoofProof??? Come on, our honorable Supreme Court just recently ruled that manufacturers setting a minimum retail price for their product is legal! Yeah! They did!

Goshes, all those years it was against the law, the law was WRONG!!! Who'd a thunk?

Just checked eBay
It is now clean from CPAP mask listing except 1

This guy's list has this statement and somehow it is effective against those eBay Robots who remove mask listings:

"Note to eBay - please do not remove this listing under your Medical and Prescription Items policy. This is not an item that requires a prescription from, or the supervision of, a licensed practitioner. It is a consumable / replacement item in the same way as batteries are replaced in electrical items. Such masks are freely available and widely advertised on UK websites and publications etc and can be purchased by anybody without a prescription. You have now agreed this with me after previously removing listings.

New FULL FACE CPAP sleep apnoea mask unavailable elsewhere !!

Current retail price : £69 per mask or £125 for two"

so we might as well copy this statement and happily start buying and selling mask again - BTW where is CPAPonline? (the big player in eBay)

Hey, so we killed Cpaponline, only to find out that it killed EVERYONE? Hmmmm..... I feel an attack of Republican-ism coming on....

LOL,
B.

So are they going to demand that our host requires a script to sell next. Where is it going to end? Guess who the big losers are going to be. Is price fixing the ultamate goal. Now are all DME's going to have to chare the same price? Sorry I guess I am a it bit upset.

_________________

CPAPopedia Keywords Contained In This Post (Click For Definition): DME

Ok -- So I went to the http://www.fda.gov site and searched on "CPAP Mask prescription requlations".....
I got some 112 "hits" of which I read a few -- BORRRRRRRRRING!!!!!!!

Random Excerpt:
"The new Nasal CPAP Mask is equivalent in both function and indications for use to the Respironics Gel Mask (K954207) and Invacare Twilight Nasal Mask (K022642) legally marketed predicate devices.......

.....Prescription Use __X AND/OR Over-The-Counter Use___.......

....(Part 21 CFR 801 Subpart D) (21 CFR 801 Subpart C)
(PLEASE DO NOT WRITE BELOW THIS LINE-CONTINUE ON ANOTHER PAGE IF
NEEDED)....."


Note the 'X' after "Prescription use".....

All the mask application forms that I read had the same indication on the last page -- that the device in the application was for prescription use......

It may be that in the UK and the rest of Europe/Asia that masks are not prescription items as their laws are quite different than ours (look at the drugs they have available that we have to wait for 20 years to get -- effective or not).
In the name of protecting us from ourselves, it appears that CPAP masks are prescription items per FDA regulations.......


Sad, but that appears to be the reality.......

So in conclusion - it seems that Resmed is asking that the FDA regulations be enforced and by doing so are taking positive control of their distribution channels (read - instituting price controls so usually me and you get to pay more).
So once again, based on bad law, we the consumer get screwed.

And the beat goes on.........

cheers
goose