PROHIBITED ITEMS POLICY Etsy is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from the Etsy marketplace. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Etsy. This policy explains what is prohibited or restricted on Etsy. This policy is a part of our Terms of Use. By opening an Etsy shop, you’re agreeing to this policy and our Terms of Use. The following types of items are prohibited or restricted on Etsy: 1. Alcohol, Tobacco, Drugs, Drug Paraphernalia and Medical Drug Claims 2. Animals and Certain Animal Products 3. Dangerous Items: Hazardous Materials, Recalled Items and Weapons 4. Hate Items: Items that Promote, Support or Glorify Hatred 5. Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items 6. Internationally Regulated Items 7. Pornography and Mature Content 8. Violent Items: Items that Promote, Support or Glorify Violence Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses. Art and history can be provocative, emotional and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, 'art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.' In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Etsy. 1. ALCOHOL, TOBACCO, DRUGS, DRUG PARAPHERNALIA AND MEDICAL DRUG CLAIMS Alcohol and drugs are prohibited on Etsy. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or claim to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of Etsy and we therefore do not allow them. MORE DETAILS: The following are examples of items that may not be sold on Etsy: Alcohol Tobacco products, smokeable products, e-cigarettes and e-liquid. Drugs and certain intoxicating herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporisers and their components. Medical drugs or listings that contain medical drug claims. Medical Drug claims are statements that claim a causal relationship between a substance and the prevention, healing or treatment of a physical condition or disease. A listing must not make such claims in the presentation of an item, including the title, description, tags, or images in the listing. EXAMPLES OF WHAT IS ALLOWED: Beer brewing kits Baked goods containing alcohol Example: Mini Baba au Rum Cake Hookahs Example: Vintage Hookah Tobacco pipes Empty alcohol bottles and items made from them Example: Wine Bottle Serving Tray RESOURCES: Small Business Assistance from the Federal Drug Administration; U.S. FDA and FTC for information about medical drug claims; US Bureau of Alcohol, Tobacco, Firearms and Explosives 2. ANIMALS AND CERTAIN ANIMAL PRODUCTS Certain animal products are highly regulated and due to the risk of harm to live, companion or endangered animals, are not in in the spirit of Etsy. MORE DETAILS: The following are examples of animal products that may not be sold on Etsy: Live Animals Items derived from or created using any animal species designated as threatened or endangered by the US Endangered Species Act, including the following animals and all subspecies: Alligator; Bear; Cheetah; Chimpanzee; Chinchilla; Elkhorn and Staghorn Coral; Cougar; Eagle; Elephant; Gorilla; Jaguar; Lemur; Leopard; Lion; Lynx; Monkey; Ocelot; Rhinoceros; Seal; Sea-lion; Tiger; Wallaby; Whale; Zebra Items made from cat and dog parts or pelts as defined by US Federal Law. Ivory or bones from ivory-producing animals such as whales or elephants are also prohibited, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory. Items made from human remains, except for teeth and hair. EXAMPLES OF WHAT IS ALLOWED: Authentic crafts made by Alaskan Natives if they are exempt under Section 10e of the US Endangered Species Act. Example: Alaskan Native Seal Skin Boots Non-Ivory Animal Bones and Antlers Example: Snake Bone Necklace Leather Goods Example: Leather Bag Textiles Made from Animal Hair Example: Authentic Mohair Scarf Human Teeth or Hair Example: Mini Bottle with Human Hair RESOURCES: Endangered Species Act; Prohibition on Importation of Dog and Cat Fur Products We expect all of our members to follow their local laws. If you are shipping items across international borders you should also consult CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) for specific information about importing and exporting items that may be threatened due to the nature of this trade. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act. 3. DANGEROUS ITEMS: HAZARDOUS MATERIALS, RECALLED ITEMS AND WEAPONS For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous. MORE DETAILS: HAZARDOUS MATERIALS Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on Etsy. While not exhaustive, the following materials are examples of prohibited hazardous materials: Explosives (fireworks or sparklers) Flammable items (including liquids or loose matches) Gases Radioactive material Toxic substances (such as poisons) RECALLED ITEMS OR ITEMS THAT PRESENT UNREASONABLE RISK OF HARM Items that have been recalled by governments or manufacturers are prohibited from being sold on Etsy. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts and drop side cribs. Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items. WEAPONS Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on Etsy: Guns, knives or other blatant weapons (even if they are vintage) Imitation weapons that look real or are prohibited by US law EXAMPLES OF WHAT IS ALLOWED: Culinary knives or other knives used as tools (More information on knives is available here.) Example: Vintage Kitchen Knives - Collectibles Letter openers Toy slingshots Airsoft guns and other non-harmful toy guns (with some restrictions) Example: Vintage Ray Gun - Toy RESOURCES: Bureau of Alcohol, Tobacco, Firearms and Explosives; FMCSA’s Guide to Complying with Federal Hazardous Materials Regulations; US Federal Government's Guide to Recalled Items; US Code of Federal Regulations on Imitation Firearms; US Consumer Product Safety Improvement Act (CPSIA); Etsy CPSIA Team; Australian Competition & Consumer Commission's (ACCC) Product Safety; European Commission's Consumer Safety; US Consumer Product Safety Commission's Resellers Guide to Selling Safer Products 4. HATE ITEMS: ITEMS THAT PROMOTE, SUPPORT OR GLORIFY HATRED We want Etsy to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others. Vintage items can have educational and historical value, but they can also trigger painful memories of tragic events throughout history. MORE DETAILS: Etsy does not allow items or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organisations or people with such views. The following items are not allowed on Etsy: Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups or groups that advocate an anti-gay, anti-immigrant or Holocaust denial agenda. Items that contain racial slurs or derogatory terms in reference to protected groups. EXAMPLES OF WHAT IS ALLOWED: We tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations. Recognising that there may be no consensus on their educational, historical or artistic value, the following items are generally allowed on Etsy: Vintage Black Americana items, such as “golliwog” dolls (but not newly-created items or PDFs of patterns) Example: Vintage Golliwog Doll - Black Americana History Religious symbols, including swastikas when used in peaceful or religious context (often in Hinduism, Buddhism and Jainism) Example: Vintage Buddhist Swastika Pendant Items that use idiomatic expressions that include the word “nazi,” such as “grammar nazi” or “soup nazi” Example: Grammar “Nazi” Print Items denouncing or mocking groups or historical figures that have a history of organised, targeted violence against protected groups Example: Photograph of Anti Nazi Graffiti RESOURCES: Federal Bureau of Investigation’s webpage on Hate Crimes 5. ILLEGAL ITEMS, ITEMS PROMOTING ILLEGAL ACTIVITY AND HIGHLY REGULATED ITEMS We respect the law and expect Etsy sellers to respect the law as well. MORE DETAILS: Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on Etsy. Neither are certain items that are subject to complex legal regulations or registration systems. Because Etsy is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions. Additionally, due to complex legal restrictions that vary by location, Etsy does not permit the sale of real estate or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.). We require sellers to follow all applicable laws for the items they list. Examples of items which may be subject to regulation include Native American crafts, plants and seeds and food products. 6. INTERNATIONALLY REGULATED ITEMS Our marketplace provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with international trade restrictions, including restrictions put into place by the US Office of Foreign Assets Control (“OFAC”), regardless of your location. MORE DETAILS: In the United States, the Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury administers various economic and trade sanctions. These programmes prohibit dealing with certain designated persons and targeted countries. We require that all members who buy and sell on our platform comply with OFAC restrictions, even if they live outside the United States. For example, this includes restrictions on: Transactions involving certain geographic areas, such as Crimea, Cuba, Iran, North Korea, Sudan, and Syria, or involving any individual or organisation located in those places Transactions involving any item of Cuban or Sudanese origin Transactions involving Cuban nationals Transactions involving jadeite or rubies from Burma (Myanmar) Any transaction or dealing with an individual or entity specifically identified by OFAC, notably those listed on OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List Etsy’s policies prohibit our members worldwide from engaging in any transaction that would violate OFAC sanctions. While we attempt to protect our members from unwittingly violating these laws by preventing certain prohibited transactions, it is up to each seller and buyer to be familiar with — and compliant with — OFAC regulations. Etsy members can consult the OFAC website for complete information about the various sanctions programmes administered by the US Department of the Treasury: http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx In addition, Etsy members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be allowed for export or import under foreign laws. You should consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods overseas. Finally, Etsy members should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Etsy has no authority or control over the independent decision-making of these providers. EXAMPLES OF WHAT IS ALLOWED: Items which aren’t from Cuba, but are Cuban style, such as “Cuban shirts” Example: Cuban Style Fedora Hat Informational materials such as art, books, film, photos or music Example: Vintage Biography of Fidel Castro Jade or rubies which did not originate from or pass through Burma Example: Mexican Jade Letter Opener RESOURCES: US Office of Foreign Assets Control (OFAC) Sanctions 7. PORNOGRAPHY AND MATURE CONTENT As a creative community, we tend to be fairly liberal about what we allow on Etsy, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you understand that there are differing sensibilities around the world and that you try to be respectful. MORE DETAILS: Pornography of any sort is prohibited on Etsy, whereas mature content is restricted. Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content. We define mature content as depictions of male or female genitalia, sexual activity or content, profane language, violent images (within reason; see also Violent Items) and explicit types or representations of taxidermy. Mature content must be properly listed and tagged as such. Not all nudity is considered mature, and examples of non-mature nudity are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such. When deciding whether mature content crosses over the threshold into pornography, we take into consideration how realistically mature image or images are portrayed, and the explicitness of depictions of sexual activity or content. EXAMPLES OF WHAT IS ALLOWED, WITHOUT RESTRICTION: Non-pornographic nude photography and depictions of breasts Example: Authentic Tribal Photograph Non-pornographic depictions of buttocks Example: Fine Art Photograph of Nude Man Abstracted or cartoonish depictions, within reason Example: Cartoon Men and Women Nude Print EXAMPLES OF WHAT IS ALLOWED, IF PROPERLY MARKED AS MATURE: Mature language Violent images (within reason; see also Violent Items) Sexual wellness items, such as dildos, vibrators, and BDSM items RESOURCES: Etsy Seller Handbook Guide to Editing Mature Images; Etsy Help Content on Listing Mature Content Correctly 8. VIOLENT ITEMS: ITEMS THAT PROMOTE, SUPPORT OR GLORIFY VIOLENCE We want Etsy to be a safe place for everyone. While violent content can be a legitimate part of historical, educational or artistic expression, it should never be used to promote or glorify violent acts against others. MORE DETAILS: We do not allow items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others. The following items are not allowed on Etsy: Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers Items that attempt to exploit natural disasters or human tragedies Items that encourage, glorify, or celebrate acts of violence against individuals or groups Items that encourage self-mutilation, starvation or other self-harm EXAMPLES OF WHAT IS ALLOWED: Fictional literary or art work (such as zombies, vampires or other fictional works that tend to contain violence) Example: Real Looking Zombie Photo Items that have educational, historical or artistic value Example: Real Photograph of a Protest in Ukraine Items that show support or bring awareness to those at risk of self harm, including those with eating disorders Example: Suicide Awareness Poster BDSM items (See Pornography and Mature Content for additional information) Example: BDSM Ball Gag & Whip ------------------------- We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. We reserve the right to remove listings that we determine are not within the spirit of Etsy. Such listings will be removed from the site, and the member's selling privileges may be suspended and/or terminated. If you see something on Etsy that appears to violate these rules, you can report it to us. At the bottom of a listing page, you can click Report this item to Etsy. To report copyright or intellectual property infringement, please follow the instructions in Etsy's Intellectual Property Policy. For all other reports, or for any questions, please contact Etsy Support. READING MATERIALS In crafting these policies, we found a number of thoughtful essays and articles. Here are a few that we found illuminating: Sexism, Racism and Other -isms in Library Materials (1973), http://ethics.iit.edu/ecodes/node/3748 'It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society each individual is free to determine for himself what he wishes to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive .... We realize that application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.' How the world loved the swastika - until Hitler stole it, BBC News Magazine, October 22, 2014 http://www.bbc.co.uk/news/magazine-29644591 Should Blacks Collect Racist Memorabilia? The Root, June 2013 http://www.theroot.com/articles/history/2013/06/should_blacks_collect_racist_memorabilia.html Understanding the American Indian Mascot Issue, STAR (Students and Teachers Against Racism) http://www.racismagainstindians.org/UnderstandingMascots.htm Keeping Kids From Toy Guns: How One Mother Changed Her Mind, The Atlantic, Aug. 9, 2013 http://www.theatlantic.com/national/archive/2013/08/keeping-kids-from-toy-guns-how-one-mother-changed-her-mind/278518/ Toy Guns: Do They Lead to Real-Life Violence? WebMd, December 1, 2011 http://www.webmd.com/parenting/features/toy-guns-do-they-lead-real-life-violence Why Gun Play Is Still OK, The Huffington Post, September 29, 2012 http://www.huffingtonpost.com/heather-shumaker/gun-play_b_1720962.html Art And Violence, The Huffington Post, September 18, 2014 http://www.huffingtonpost.com/ian-buruma/art-and-violence_b_5837648.html When the master of peace did violence, The Guardian, October 25, 2003 http://www.theguardian.com/culture/2003/oct/25/1 Last updated on 30 Dec, 2015
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