posted on August 15, 2001 09:03:15 PM
Here's the situation, without identifying any particular item.
There are currently several dozen auctions running for a particular ah, substance. The Substance in Question (SIQ)* is being touted as the healthiest substance since water - curing everything under the sun.
In fact, the SIQ causes a permanent and disfiguring condition. (There is no "allegedly" in this sentence because it's proven. The SIQ causes the condition - not in everybody, but it causes it. Period.)
The FDA hasn't yet precisely banned the SIQ, but has issued several sternly worded public advisories and has sued several manufacturers for making the same claims that are being relayed through this auction.
Obviously, eBay "knows or should have known" of the hazards of the SIQ (from the FDA website) and allows these auctions to run. Does that overcome their "just a venue" argument? Should eBay shut the auctions down?
My opinion should be pretty clear by now...if pictures of naked women present clear and present danger, then banning this SIQ is a no-brainer. I'd be interested to hear what others think. (And if the mods say I can post the name of the SIQ, I will....there is definitely more than one seller hawking it.)
*(acronym not accidental)
edited to italicize!
[ edited by msincognito on Aug 15, 2001 09:03 PM ]
posted on August 15, 2001 09:19:11 PM
IMO, eBay SHOULD shut the auctions down. Will they?, Probably not, UNLESS it becomes a public issue (eg. SIQ is being sold on eBay, floating around a few news sites / news services)
posted on August 15, 2001 09:56:18 PM
The liability of Ebay in cases such as this cannot be established in a forum such as this. Neither can it be established or limited by Ebay's marketing or advertising departments no matter how many times they float the "only a venue" baloon. Ebay's liability CAN be established by a judge and jury. They are well aware of this and if you look at the list of banned items, it's pretty obvious that 99% of the items on that list were put there for the sole purpose of keeping Ebay out of court. It's only a matter of time before someone suffers an injury from a proven dangerous item such as you have described and if that person has a sharp attorney and the resources to pursue it, we'll all be reading about a new definition for "venue" and you will have the answer to your question.
The light at the end of the tunnel will turn out to be an oncoming train.
posted on August 16, 2001 09:57:53 AM
eBay will more than likely escape liability, unless someone put eBay on notice about the items. That may change the "venue" immunity.
posted on August 16, 2001 10:57:11 AM
EBay is the place to sell 'snake oil' online. Before sellers depended on the classified in the tabloids, I guess the readers put a lot of trust in snake oils. When ever I open up the 'browse' page on eBay I'm sure to see some diet pills featured, "Lose 90lbs in 30 minutes!!!"
posted on August 16, 2001 11:03:10 AM
I am with REAMOND, the only way to get ebay to MAYBE drop those listings is to send a factual notice to safeharbor with appended documentation, and visible and obvious copies to the FDA and other responsible government agencies.
The theory is if they know about the danger, and do nothing, they are liable.
However, that being said, I do not think it is the governmnt's responsibility - or ebays! - to take over the responsibilities each of us has for making informed decisions.
If we are not looking where we are going and break a leg, we are responsible, not someone else. Same with illicit or unfamiliar substances. I approach all information posted on the web with a great deal of skepticism, and read between the lines of all ebay auctions.
We can not make everything safe for everyone, so we must all take responsibility for ourselves and our children. However, I am not responsible for YOUR children!
posted on August 16, 2001 04:23:30 PM
Pat has ruled! I can explain myself a little better.
The substance is colloidal silver (fine silver particles suspended in a gel-like substance.) It is an OLD folk remedy, and may have some (very limited) antibacterial properties. It was prescribed around the turn of the century before antibiotics were developed. BUT most reputable physicians became very leery after it started turning people gray.
Turns out that eating silver causes a condition called argyria, which is a permanent, irreversible discoloration of the skin. Nobody knows how much silver you can eat before you turn this nasty color, or how much is "safe."
What is clear is that the claims being made for this product are completely inflated. That you can check out for yourself, but the list of conditions it's supposed to help includes several cancers, HIV/AIDS, meningitis, encephalitis, and acne.
In addition to turning people gray, there's the extra added benefit that someone might contract one of these ailments, take silver and pass on other therapies that might help them or even save their lives. (This is my ax to grind. A friend of mine contracted shingles and was in AGONY. Some health-food-store quack told her to stop taking her antivirals and start taking this garbage. If she had taken the advice - which she almost did - her condition could have gotten much worse.)
I knew the FDA was onto these guys, because I talked to an inspector there several times. That's why it blew me away to see it on eBay. I wasn't even looking for it; I was doing an unrelated search and it popped up. The FDA is currently sending out "cyber-letters" to vendors whose claims don't go anywhere near as far as the ones on eBay do. With any luck, one of those letters will end up on eBay's door.....
posted on August 16, 2001 08:57:04 PM
NO ONE WOULD BUY IT ?? I am amazed at all the a**holes that buy the "diet" pills on eBay. The sales are huge with more sellers by the day.
posted on August 16, 2001 09:56:48 PM
Brings up an interesting question....what if someone advertised an auction for "MINTY Colloidal Silver"? Would that mean they ground up rare old coins in perfect condition and wanted you to drink the resulting sludge?
posted on August 17, 2001 01:18:14 AM
Silver...waitaminute, don't refiners and mines use Mercury to extract Silver??
I've heard about colloidal silver being investigated by a State DOH (Forgot whom) for allegations of possible Mercury Poisoning. I don't know specifics, gotta ask a few friends and such...
:\\\\\\\"Crystalline Sliver cannot be the target of spells or abilities.
