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California · Legal Guide

Is It Legal to Sell Diabetic Test Strips & Supplies in California?

Generally, yes - in California an individual can legally sell their own unused, sealed, unexpired diabetic supplies that they legitimately own, with specific exceptions below (most importantly, supplies funded by Medicare or Medicaid cannot be resold).

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The Short Answer

Why It's Generally Legal

Unused, sealed diabetic supplies are individually owned surplus goods, and selling your own surplus on a recognized secondary market is generally lawful. A few plain points:

It's Your Property

Once supplies are legitimately yours and you no longer need them, they're surplus goods you own - like any other unused item you might resell.

A Recognized Secondary Market

There's an established secondary market for unused diabetic supplies, used by people who are uninsured, underinsured, or in a coverage gap.

No Prescription Needed to Sell

A prescription is required to be dispensed supplies - not to sell surplus you already own. You don't need a license to sell your own unused supplies.

The Key Exception

Government-Funded Supplies Cannot Be Resold

Supplies obtained through Medicare, Medicaid/Medi-Cal, or other government or insurance programs that prohibit resale cannot be resold. This is the single most important exception, and it's why we do not buy Medicare- or Medicaid-funded supplies. If your supplies came through one of those programs, they are not eligible for the secondary market.

The FDA Warning

What About the FDA Warning on Pre-Owned Test Strips?

On April 8, 2019, the FDA warned people not to use test strips that were previously owned by someone else, or strips that aren't authorized for sale in the U.S. The warning is safety advice for people buying and using strips. It isn't a law, and it doesn't make selling your own sealed supplies illegal. It does explain why condition matters so much.

Improper Storage

The FDA's concern: strips that were stored badly can give inaccurate readings, and a wrong reading can lead someone to take too much or too little medication.

What we do: every quote starts with a photo showing the expiration date, we generally don't buy expired test strips, and we turn down crushed, wet, or damaged boxes.

Opened Vials

The FDA's concern: a vial someone else opened can carry small amounts of their blood, which is an infection risk.

What we do: we don't accept opened vials, opened inner packaging, or used items of any kind.

Strips Made for Other Markets

The FDA's concern: test strips that aren't authorized for sale in the U.S. may not give accurate results.

What we do: we only buy supplies in U.S. packaging.

If you're buying test strips, the FDA's advice is to buy from a trusted source such as a local pharmacy or the manufacturer, and to check every package for signs of opening and for the expiration date. If cost is the problem, it suggests talking with your health care provider or pharmacist.

The Rules That Matter

Condition Rules & What's Not Okay

Condition Rules

Supplies should be factory-sealed, in their original packaging, unexpired (or within accepted windows), and not tampered with. Condition is what makes a sale legitimate and safe for the next owner.

What Is Not Okay

Reselling opened or used items, misrepresenting condition or expiration, or selling government-funded (Medicare/Medicaid) supplies is not okay - and we won't buy those.

Our Stance

How We Keep It Compliant

We keep every purchase on the right side of these rules. Here's exactly what we do and don't buy:

  • We buy only legally owned, unused, sealed supplies from individuals, in date or select expired items
  • We do not buy Medicare-, Medicaid-, or Medi-Cal-funded supplies
  • We only buy supplies in U.S. packaging
  • We don't accept opened, used, or tampered-with items
  • We buy Dexcom, Omnipod, FreeStyle Libre, and test strips – see What We Buy
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Disclaimer: General Information, Not Legal Advice

This page provides general information only and is not legal advice. Laws and program rules change and apply differently to different situations. If you have questions about your specific circumstances, please consult a qualified attorney. Reading this page does not create any attorney-client relationship.

Common Questions

Selling Diabetic Supplies in California: FAQ

Is it legal to sell diabetic test strips in California?
Generally, yes. In California it is legal for an individual to sell their own unused, sealed, unexpired diabetic test strips and supplies that they legitimately own. The main exception is supplies obtained through Medicare, Medicaid/Medi-Cal, or other government or insurance programs that prohibit resale – those cannot be resold. This is general information, not legal advice.
Is it illegal to sell diabetic test strips?
Generally not in California, as long as you’re selling your own unused, sealed, unexpired strips that weren’t paid for by Medicare, Medicaid, or Medi-Cal. The FDA’s 2019 warning about pre-owned test strips is safety advice for buyers, not a ban on selling. The Medicare and Medicaid rule and the FDA’s guidance are both federal, so they apply in every state. This is general information, not legal advice.
Can I sell diabetic supplies I got through insurance?
It depends on the source. Supplies funded by Medicare, Medicaid/Medi-Cal, or other programs that prohibit resale cannot be resold. Supplies you bought yourself, received as surplus, or otherwise legally own and no longer need are generally fine to sell if they are sealed and unexpired. We do not buy Medicare- or Medicaid-funded supplies. If you're unsure about your specific situation, consult a qualified attorney.
Do I need a prescription or license to sell my own unused supplies?
No. You do not need a prescription or a license to sell your own unused, sealed, unexpired diabetic supplies as an individual on the secondary market. A prescription is required to be dispensed supplies, not to sell surplus you already legally own.
Is it legal to sell unused Dexcom or Omnipod supplies?
Generally, yes. Unused, sealed, unexpired Dexcom sensors and Omnipod pods that you legally own can be sold by an individual in California, subject to the same exceptions – they cannot have been funded by Medicare, Medicaid, or another program that prohibits resale. We only buy sealed supplies in U.S. packaging from individuals (in date, or select expired items).
Do you buy Medicare or Medicaid supplies?
No. We do not buy supplies that were funded by Medicare, Medicaid/Medi-Cal, or any government program that prohibits resale. We only purchase legally owned, unused, sealed, non-government-funded supplies from individuals. For more on the process, see how to sell diabetic supplies.

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