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Original Post
Drugs, medical drug claims about an item, drug paraphernalia: We have clarified the previous language from “drug-like substances” to now be “medical drug claims about an item.” A medical drug claim makes a correlation between a product and the cure or relief of a health condition or illness. In many cases, an item itself is not problematic, but the way it is presented with certain language is against this policy.
Does this mean that we should not discuss the mystical or folklore properties attributed to stones? Would this fall under that?
Posted at 9:18 pm Aug 8, 2012 EDT
Highlighted Responses What is this?
April from ElunaJewelry says
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Does this mean that we should not discuss the mystical or folklore properties attributed to stones? Would this fall under that?
April, that's an excellent question. I'm glad you've emailed our Marketplace Integrity Team (which can be reached at integrity@etsy.com, or via our Support contact form at the link below). I'll see if I can get an answer that I can post here for those with the same question!
Posted at 11:03 pm Aug 8, 2012 EDT
Popping in to answer a few questions that came up in this thread (sorry that they may seem out of context for the current conversation on more recent pages).
On page 3 Wanda from VintageAndVictorian said:
"What about "ash holders" (as listed with the drugs and drug paraphernalia)? I have some great vintage ash trays (as do many sellers here). I don't sell them as an intended use for drugs or drug paraphernalia, however. Ash trays are still ash holders, however. So, does this mean that mean vintage ash trays are now prohibited?"
To clarify, the blog post lists "ash catchers" under the examples of prohibited drug paraphernalia. An ash catcher is a specific type of accessory / part for certain pipes often associated with drug use.
This is NOT the same thing as an ashtray, like those used for cigarettes. Ashtrays are still allowed on Etsy, so long as they comply with all other marketplace criteria.
Posted at 12:41 pm Aug 9, 2012 EDT
On page 1 April from ElunaJewelry said:
"Does this mean that we should not discuss the mystical or folklore properties attributed to stones? Would this fall under that?"
The policy pertains to all listings on Etsy. A seller may not make claims that using their product (whatever the item may be) correlates with the cure or relief of a health condition or illness. This includes historical, folklore or "time-tested" claims that make a correlation between the product and the cure or relief of a health condition or illness.
Posted at 12:44 pm Aug 9, 2012 EDT
On page 2 April from ElunaJewelry said:
"Could you also check on Hypo-allergenic?"
It's acceptable to state that an item is hypoallergenic, provided that statement is true about the item. This is not considered a medical drug claim that correlates use of the product with the cure or relief of a health condition.
Posted at 12:45 pm Aug 9, 2012 EDT
On page 14 Scott from ICraftVintageStyle said:
"Stella- what about tinctures? Their entire reason for "being" is the claim of relief or remedy. Are they to be banned outright?"
In many cases, the item itself is likely not problematic, just the language used to describe the item. For example, an item may have other uses unrelated to the medical drug claim (ex. as a cosmetic, like hand lotion; or as food, like tea). When possible, we want to allow shops to continue selling such items. A listing may remain on Etsy provided any medical drug claims are removed, the seller is still able to accurately and truthfully describe their item, and the item otherwise complies with Etsy’s rules.
Posted at 12:54 pm Aug 9, 2012 EDT
On page 15 RareDaisyJewelry said:
"Legitimate Question: I would like to know about using testimonies instead?"
A seller should not post a testimonial in the listing if the testimonial includes a medical drug claim about the product.
Posted at 1:28 pm Aug 9, 2012 EDT
On page 15 BellinaCreations said:
"Etsy please give us time to change our listings. It would be nice to send out a mass email as well notifying folks of the changes. Had I not read this I wouldn't have known."
The Marketplace Integrity Team is reaching out directly to many of the shops impacted by the policy changes. That process to contact sellers about their individual shops may take a while. We're trying to work with sellers to help them understand the new policy.
That said, if you believe your listings are impacted, it's a good idea to go ahead and make the appropriate changes, even if you haven't received an email from Etsy's team about your shop specifically.
If you have questions about your specific listings, you can email the Marketplace Integrity team at integrity@etsy.com.
Posted at 1:29 pm Aug 9, 2012 EDT
On page 16 RareDaisyJewelry said:
"So my very feed back is against the rules? In my feedback, Ive got customers who claim my weight loss bracelets were effective, my energy bracelets worked wonders and I've got 23 fertility customers who've reported conception. What do I do about that being there?"
Our feedback policy has not changed. The feedback policy includes this line, "Etsy does not investigate the validity of opinions or statements made in feedback." We do not intend to edit or remove feedback based on this week's prohibited items policy update.
A buyer making a statement in feedback is not the same as a seller placing that buyer's statement into the listing to promote the product.
Posted at 1:38 pm Aug 9, 2012 EDT
RareDaisyJewelry and a few others have raised questions about "spiritual" or "metaphysical" claims.
The policy prohibits medical drug claims about an item, so if the listing is making claims that the product may cure or treat a mental illness, that would be prohibited. Claims for spiritual effects are not necessarily considered medical drug claims.
On page 22, BeyondThePicketFence asked a related question:
"shouldn't stones be more under "spiritual" healing as upposed to "medical" healing...isn't that TOTALLY different!?"
As I mentioned in an earlier post, the policy pertains to all listings on Etsy. A seller may not make claims that using their product (whatever the item may be) correlates with the cure or relief of a health condition or illness.
Posted at 4:13 pm Aug 9, 2012 EDT
On page 25 theferriswheels said:
"Lauren, could you please PLEASE give us a time frame in which this needs to be done. I have several large orders going plus our regular orders. I have over 300 listings and probably need to edit them all just to be safe. Some guidance on when etsy expects us to be in compliance would be so helpful."
As noted in the blog announcement, the policy went into effect yesterday (August 8, 2012). We do understand that it may take some time for shops to make the appropriate changes to their listings, and that some shops will have multiple listings to update.
The Marketplace Integrity Team has begun reaching out to many shops affected by the changes. For listings that may contain medical drug claims, we are trying to help sellers bring their listings into compliance, rather than removing listings. In many cases, the item itself can remain on Etsy; it's just the presentation that needs to be edited.
If you have questions about a specific listing in your shop, please feel free to email integrity@etsy.com for help from the Marketplace Integrity Team.
Posted at 5:48 pm Aug 9, 2012 EDT
On page 28 The Herbologist from wortsandcunning said:
"As others have suggested, can we post a link to a full description of our products on an off-site page?"
Also on page 28 Cyn HearthWood from MORTARandPETAL said:
I posted a link in my description, but it's not really linked and requires copying and pasting the URL. Is there a secret to making it actually link?
It's OK to link to or provide the URL for another site (like a blog, for example) to give a shopper more information about your shop, as long as the links / URLs abide by Etsy's linking policy. Etsy's rules don't allow directing to another site where a shopper can purchase the same items that are for sale in your Etsy shop; additionally you cannot use an Etsy account strictly for the purpose of redirecting traffic to another site.
To answer Cyn's question: Only URLs for other pages on Etsy will become active links. There is no way to create a live link within a listing to another site; you can only post the URL for the shopper to copy/paste.
Posted at 6:59 pm Aug 9, 2012 EDT
Cyn HearthWood from MORTARandPETAL says
Lauren, we realize that the policy is in effect as of yesterday and that we need to get our shops into compliance as soon as possible. Since we can't seem to get an actual deadline for compliance, how soon until seller accounts start getting suspended? This was sprung upon us yesterday, and some people haven't even been notified yet. Can we have until September 30 or October 31? Please, give us an actual date to work towards. Obviously, we can't be done by yesterday!
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In the cases of items whose descriptions must be altered in order to be compliant with our updated Prohibited Items policies, when possible, we want to allow shops to continue selling such items. A listing may remain on Etsy provided any medical drug claims are removed, the seller is still able to accurately and truthfully describe their item, and the item otherwise complies with Etsy’s rules.
If you have concerns about doing this, I can't recommend strongly enough that you proactively contact our Marketplace Integrity Team. You can do that by emailing integrity@etsy.com; follow any instructions that they give you and you'll be fine.
Posted at 1:29 am Aug 10, 2012 EDT
The Herbologist from wortsandcunning says
Etsy admins -
Would it be possible to get some examples around language? I know that it is a complex issue, but I think some more explicit guidelines would be very useful. For example, would the following description of a product be allowed:
"Just a dab of herbal oil leaves skin sleek and smooth."
An array of examples of inappropriate and appropriate descriptions would be helpful.
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I understand what you mean and what you're looking for, but to get this level of specificity you'll need to contact our Marketplace Integrity Team. I know you've already sent them an email, but for whether or not certain wording is okay we ask that members contact them at integrity@etsy.com.
Posted at 1:37 am Aug 10, 2012 EDT
The Herbologist from wortsandcunning says
Hiya Rob,
How long will it take our emails to be answered by the Integrity Team? A number of us have not received replies to our queries and we are expected to make immediate changes to our shops. Thanks so much for your time!
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Our Marketplace Integrity Team will respond to the emails that you and other members have sent as soon as they can; the response time may be a little longer than usual if there is a significant influx of email with queries like the ones some of you are posing here.
With that said, we'll be cognizant of the questions you're asking and the efforts that you show you're making when enforcing policy and we'll handle each case appropriately. The key thing to do is to make and finish the effort to make your listings compliant with the updated Prohibited Items policy and to ask our Marketplace Integrity Team whatever you need to ask them to get there. I hope this is helpful!
Posted at 2:01 am Aug 10, 2012 EDT
Cyn HearthWood from MORTARandPETAL says
Maybe you can tell me what you think of phrases such as "promotes energy and virility," or "inspires happiness and peace." There's a lot of confusion over what is acceptable verbiage. I think that we all know that we can't say that "St. John's Wort cures depression," but what about saying that it "promotes tranquility and a sense of well-being?"
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I would if I could, but I don't have information pertaining to specific examples or wordings; the Marketplace Integrity Team is the authority on that, I'm just answering the (broader) questions here that I can.
Posted at 2:04 am Aug 10, 2012 EDT
I've seen some questions raised about cosmetic products. It's OK to describe a product as having cosmetic properties or benefits, like saying it is moisturizing, conditioning, softens skin, deodorizes, beautifies, de-tangles hair, etc. Those are not medical drug claims; those cosmetic descriptions do not correlate the product to the cure or treatment of a health condition.
Posted at 1:13 pm Aug 10, 2012 EDT
Hi all,
I really appreciate the thoughtful discussion that's been taking place in this thread over the past couple of days. I wanted to chime in with a few more points of clarification.
And I also wanted to let you know not to expect many more posts from me personally in this thread (not that I don't want to help you out, but a girl's gotta get some other work done and eventually take a little breather). The Forum Mods may also continue to keep an eye on this thread and try to bring back answers to common questions.
If you have specific questions about your listings or shop, please email integrity@etsy.com and the fine folks of the Marketplace Integrity Team will help you out. That's the very best way to get help with this new policy, and the team is working hard to reply promptly (usually within 24 hours).
So, on to some further clarifications:
Using language like "this product MAY have an effect to cure or treat a health condition or illness" is still considered a medical drug claim under this policy.
Using a disclaimer is not an acceptable workaround for stating a medical drug claim in your listing. You are welcome to keep any accurate disclaimers or warnings. But all medical drug claims will still need to be removed from the presentation of your item.
The policy prohibits medical drug claims about an item. Etsy is not banning any specific words from being used in a listing; words like "cures" or "helps" on their own do not necessarily indicate a medical drug claim. However, if you are using those words to imply that using the item will cure or help relieve a health condition or illness, then you will need to remove that from your listing. Similarly, avoid using disease or illness terms to imply your product is useful for curing or treating those afflictions. This includes use in title and tags, as well as description.
As long as you exclude any medical drug claims, you can still mention folklore, mythology or historical/cultural significance of item, materials and ingredients in listings.
And finally -- we understand that this is a significant transition for some shops. At this stage, we are working to educate and help shops comply with the new policy; we are not taking action against shops that are not yet in compliance. If you are concerned about the amount of time it may take to update your shop because you have a large number of listings, I encourage you to get in touch with the Marketplace Integrity Team directly by emailing integrity@etsy.com.
Posted at 6:06 pm Aug 10, 2012 EDT
Hi,
I understand this topic is quite important to many members and may elicit strong feelings, but please take care to be respectful of other members when posting in the Forums: www.etsy.com/help/article/483?ref=hc_policy#thecommunity
To address some of the concerns brought up in the last few pages, I believe much of this has been covered in the earlier Admin posts. In case you missed it, Lauren previously noted:
“We do understand that it may take some time for shops to make the appropriate changes to their listings, and that some shops will have multiple listings to update.
The Marketplace Integrity Team has begun reaching out to many shops affected by the changes. For listings that may contain medical drug claims, we are trying to help sellers bring their listings into compliance, rather than removing listings. In many cases, the item itself can remain on Etsy; it's just the presentation that needs to be edited.
We're trying to work with sellers to help them understand the new policy.
If you have questions about your specific listings, you can email the Marketplace Integrity team at integrity@etsy.com.”
For discussions about how to best market and describe your listings in light of the current policies, you may want to consider posting in Business Topics, as that is the best place to discuss running and marketing a shop on Etsy: www.etsy.com/help/article/360
Thanks all,
Audrey
Posted at 1:32 pm Aug 11, 2012 EDT
Page 132: April from ElunaJewelry says
Good Morning Thread
The following is a list of terms that are currently in question with regards to the new prohibited items policy.
The current list:
Heal / healing (not for a specific ailment, ie: chakra healing)
calm / calming
sooth / soothing
relax / relaxing
energizing (spiritually)
refreshing
balancing
soothing sore muscles
sobriety (sober character, not alcohol or drug related sobriety)
Someone would also like to know if these terms are banned when describing gemstone folklore. And as noted above, chakra healing.
__________________________________
Another good question!
As Lauren mentioned earlier in this thread:
"The policy pertains to all listings on Etsy. A seller may not make claims that using their product (whatever the item may be) correlates with the cure or relief of a health condition or illness. This includes historical, folklore or "time-tested" claims that make a correlation between the product and the cure or relief of a health condition or illness."
Posted at 12:49 pm Aug 17, 2012 EDT
Page 134: theferriswheels from theferriswheels says
Thank you for stepping in. Can you please let us know if this will be enforced across the board and when that is expected to be? I have removed many many keywords found in search that are still being used quite effectively by a huge number of etsy sellers.
I will do whatever necessary to follow the rules and have been told by marketplace integrity that our shop now 'looks good to them'. But, we have been put at a disadvantage here because lots of sellers either have not been contacted or are just not following these new rules.
*** Can you clarify - is it against etsy policy to name a health condition or illness in titles and tags, even if the description does not claim to heal, cure or relieve it?
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Yes, this policy will be enforced for all shops. If you find a shop or item that you believe is outside of the policy please go ahead and flag it so that we can follow up with them.
The Marketplace Integrity Team is reaching out directly to many of the shops impacted by the policy changes. That process to contact sellers about their individual shops may take a while. We're trying to work with sellers to help them understand the new policy. Right now there is no hard date, we're trying to work with individual shop owners.
I don't have specifics about specific wording for your titles, so if you have questions about your specific listings, you can email the Marketplace Integrity team at integrity@etsy.com.
Much appreciated!
Posted at 5:29 pm Aug 17, 2012 EDT
Hi. I noticed there are some recent posts in this thread asking for an update on the enforcement efforts for this policy change. Last week, I posted in the weekly "QUESTIONS FOR ADMIN" thread down in the Ideas Forum to respond to a similar request. I'm reposting that here for you.
(Originally posted on September 21, 2012, here: www.etsy.com/teams/7714/ideas/discuss/10948109/page/15/?post_id=141... )
The Marketplace Integrity Team is continuing to reach out to shops affected by the new policy. The initial round of outreach focused on notifying sellers of the policy change. We were pleased with the responses we received from many of those sellers who edited their listings, and/or asked for help from the MI Team to understand the rule. Lots of shops complied rather quickly; it was awesome to see the dedication of those sellers.
We're also following up with those who did not make changes after the initial outreach effort, or those who have newly listed since then.
As I mentioned in my earlier post here in regard to upgrade and add-on listings: as a venue that doesn't pre-screen listings before they are posted, it's always possible that there will be some listings that don't fully comply with our rules at any given time. We really do appreciate the help of our community to identify these things through the confidential flagging system.
Posted at 12:07 pm Sep 24, 2012 EDT
The Prohibited Items Policy in regard to medical drug claims is still in effect and being enforced by our Marketplace Integrity Team.
As I mentioned in a post here in September, we have contacted many of the sellers affected by the policy changes, and we're continuing to do so as we identify problematic listings.
However, as a marketplace that doesn't pre-screen shops or listings before they appear on the site, it's always possible that there will be some listings that don't fully comply with our rules at any given time.
This is an area in which we can always use the help of our community. It is immensely helpful to us if members use the "Report this to Etsy" link to let us know a shop or listing needs to be reviewed. It's a totally confidential process, it helps us a lot, and it only takes a member a few seconds to click the report link and give a short explanation as to why an item is potentially violating our rules. Please help us out!
Posted at 3:18 pm Nov 13, 2012 EST
Responses
rakubuttons,
How does the law define a cosmetic?
The Federal Food, Drug, and Cosmetic Act1 (FD&C Act) defines cosmetics by their intended use, as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body...for cleansing, beautifying, promoting attractiveness, or altering the appearance" [FD&C Act, sec. 201(i)]. Among the products included in this definition are skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, cleansing shampoos, permanent waves, hair colors, and deodorants, as well as any substance intended for use as a component of a cosmetic product.
from the FDA site www.fda.gov/Cosmetics/GuidanceComplianceRegulatoryInformation/ucm07...
again...sad but true. but at least moisturizing is ok.
Posted at 2:03 pm Aug 9, 2012 EDT
sorry I am late to the conversation...
I totally don't mean to throw myself in. This has plagued me since I started selling.
I have read. A LOT. LOL!
Posted at 2:05 pm Aug 9, 2012 EDT
So, I have a product called "Tummy Tea." Can I keep the name but just remove the verbiage that claims to settle stomachs? In other words, make no claims but let people draw their own conclusions. And what about the tags? I understand that a phrase like "stomach soothing" would now not be allowed, but what about just the tag of "stomach"? I'm making no claims about what it does...
Posted at 2:08 pm Aug 9, 2012 EDT
rakubuttons from rakubuttons says Edited on Aug 9, 2012
Does that mean that any lotion that claims to soften skin (aka aleiviate dry skin implid?) is no longer acceptable? What would lotion be FOR then, exactly?
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I've always understood that we can say it makes your skin "feel great" but that implying it makes skin softer or healthier or even less dry is not ok. It's hard to thread the needle for sure.
Posted at 2:09 pm Aug 9, 2012 EDT
I hate to say this, but if I saw Tummy Tea, and then no mention as to why it was called Tummy Tea, I may just think that you mis-typed since the Y is right next to the T.
And that it should be called Yummy Tea.
Posted at 2:11 pm Aug 9, 2012 EDT
sorry I asked in the way I did April! lol.
Ah. "cosmetics". I am totally unfamilar with the variances.
I love the variety of bar soaps on etsy! Don't want to lose them.
Posted at 2:11 pm Aug 9, 2012 EDT
Cyn Make your tea a cosmetic and rub it on your tummy :-/
But no, I've been told repeatedly that I am too dumb or too prehistoric to use etsy search, but even so, I can fill in the blanks about what tummy tea would be for.!
Posted at 2:12 pm Aug 9, 2012 EDT
April, well, it's yummy too, so that interpretation is just fine! :)
Posted at 2:13 pm Aug 9, 2012 EDT
Nope! Soaps, lotions and balms, are not going anywhere! There's plenty of valid reasons to buy and sell them beyond medical benefits, so I'm sure we'll all be fine in the end!
Posted at 2:14 pm Aug 9, 2012 EDT
oops, posted the wrond spot. Brandi, I am reading into this statement:
Consequently, an antidandruff shampoo is both a cosmetic and a drug. Among other cosmetic/drug combinations are toothpastes that contain fluoride, deodorants that are also antiperspirants, and moisturizers and makeup marketed with sun-protection claims. Such products must comply with the requirements for both cosmetics and drugs
...that a moisturizer that is just a moisturizer is ok. but not if it does anything else.
Posted at 2:14 pm Aug 9, 2012 EDT