What can’t be sold on Tophatter?

To maintain a safe and fun marketplace for everyone, some things cannot be sold.

While non-exhaustive, the following guidelines describe some things that can’t be sold on Tophatter.

Illegal or restricted items

Sellers must comply with all export, import, and trade control laws, and may not ship products that are prohibited for sale or import into any country including any national or government thereof, or any state, territory, or region.

  • Items not meeting United States FTC regulations cannot be sold.
  • Alcohol.
  • Tobacco & smoking paraphernalia – including electronic cigarettes, pipes, smoking accessories, and vaporizers.
  • Drugs & drug paraphernalia – including any items designed or intended for use in manufacturing, concealing, or using a controlled substance. 
    • CBD and hemp-containing products can only be sold where it is legal. Here is a list of states where products containing CBD are illegal:
      • Idaho
      • Nebraska
      • South Dakota

      Here is a list of states where CBD-containing products have various restrictions:

      • Alabama
      • Georgia
      • Indiana
      • Iowa
      • Kansas
      • Kentucky
      • Mississippi
      • North Carolina
      • South Carolina
      • Tennessee
      • Texas
      • Virginia
      • Wisconsin
      • Wyoming

      It is critical to make sure that you're not shipping products that don't meet local requirements. In addition, CBD oil must contain less than 0.3% THC, and hemp flowers cannot be sold.

  • Firearms, weapons & personal defense items– including Airsoft, realistic replicas, decoys and items with hidden or disguised blades, pepper spray, stun guns, switchblades, and Tasers. Knives, with the exception of food cutlery, cannot be shipped anywhere outside the US. 

  • Live animals.
  • Any part, pelt, or skin from endangered species such as cheetahs, jaguars, leopards, mountain zebras, Hartmann mountain zebras, sable antelopes, elephants, rhinos, and tigers.
  • Reproductions of legal tender– including but not limited to, counterfeit banknotes, copies of coins, and/or banknotes used for training purposes are not allowed and cannot be sold on Tophatter. Some reproductions of U.S. legal tender (banknotes) are allowed in a limited capacity, however, they must follow all guidelines below:
    • The reproduction must be one-sided.
    • The reproduction must be either less than three-fourths or more than one and a half the linear dimension of the original.
    • More detailed information on regulations regarding the sale of reproductions of currency can be accessed here.
  • All currency and coins listed for sale on Tophatter must be true collectible or memorabilia items.
  • Current postage stamps from the USPS cannot be sold on Tophatter. This includes any Forever stamps.

Items containing explosives, gases, or flammable or combustible liquids

Prohibited items that contain explosives, gases, or flammable or combustible liquids cannot be sold on Tophatter. Non-prohibited items must be properly packaged under DMM 601.1-7.

  • Lighters may be sold on Tophatter but must not include or contain flammable, explosive, or combustible fluids or gases within their container.

Prescription-only products or drugs

  • Medical devices/accessories, prescription drugs, hazardous materials, and their respective attachments or accessories, as well as prescription drugs and medications, and hazardous materials cannot be sold on Tophatter.
  • Medical devices that require a prescription are not allowed to be sold on Tophatter, including but not limited to, contact lenses, prescription eyewear, and oxygen-delivery components.

Non-labeled or incompletely labeled dietary supplements

  • Dietary Supplements in packaging that do not include Supplement Facts and other required information cannot be sold.
  • Dietary or nutritional supplements must be labeled in accordance with the Food and Drug Administration (FDA) Dietary Supplement Guidance & Regulation.
  • Devices and dietary supplements claiming medical or health benefits, or asserting a correlation between the product and a cure or relief of a health condition or illness cannot be sold on Tophatter.
  • Items cannot be tampered with, must be delivered before the expiration date, and must be safely stored according to the instructions on the item’s packaging.
  • Over-the-counter (OTC) medications and dietary supplements must include intact, original packaging.
  • Dietary and herbal supplements are generally permitted, provided they include all information required under the FDA and FTC, do not make medical claims in the listing description, and do not include substances which are prohibited by the Food and Drug Administration (FDA) such as: anabolic steroids, ephedra, human growth hormone, ephedra, ma huang, or any additional products deemed unsafe or questionable by Tophatter.

Bodily fluids

You cannot use Tophatter to sell used undergarments, lingerie, or bathing suits, or any products which may be contaminated with or come in contact with bodily fluids.

Price gouging

In times of disaster, consumers often have difficulty finding basic necessities, like consumable goods, paper products, and hygiene & medical supplies. To help ensure that buyers are not taken advantage of, most US states have enacted laws that prevent people from selling these items at exorbitant prices. This practice is referred to as "price gouging", and it refers to when items are sold for 10% more than the retail price for the past 6 months before the emergency.

  • Violations in excess may result in state attorney general offices enforcing civil and or criminal penalties.
  • For these reasons, Tophatter may apply Buyer Compensation Fees to comply with federally regulated pricing restrictions.

Electronics without UL marking

  • Electronic items that do not include "UL (Underwriters Laboratories)" or "UL Listed" markings may be subject to physical review, and may be placed on hold, or removed from the platform.
  • Electronic items that do include "UL (Underwriters Laboratories)" or "UL Listed" markings must be verifiable through that 3rd party at: https://productiq.ulprospector.com/en. Items failing to be verified will be considered counterfeit, and sellers will be subject to penalties up to removal from the platform.

Items without CE marking in categories that require this (EFTA, EU, UK)

Items in categories requiring it must comply with the safety, health, and environmental requirements and bear the authentic CE marking.

  • Products bearing the CE marking must comply with all the provisions of the Council Directive 93/68/EEC of 22 July 1993, including the conformity assessment procedures.

California’s Proposition 65

California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels.
  • If your product does not comply with California Prop 65 regulations it should include a warning in the listing description.

  • Counterfeit items are strictly prohibited on Tophatter.
  • Listings may not contain content that infringes upon or violates the intellectual property rights of any third party. This includes goods that copy a trademark or copyright name, logo, or character, and goods with distinctive features of another company’s products to imitate a genuine product.
  • “Not for Resale” software or Academic copies of licensed software cannot be sold on Tophatter. You can re-sell computer software only if it is unused, in the original packaging, and includes a Certificate of Authenticity, the user manual or the End User License Agreement.
  • Licensed software cannot be sold unless you are a licensed reseller. This includes items such as computer operating systems and licensed registration keys.
  • Devices advertising access to pirated broadcasts/materials (such as KODI) cannot be sold on Tophatter.
  • For more information for sellers, please review Copyright & Trademark Policy.

If you are a brand, trademark, or copyright owner and need to make a complaint under the DMCA, please see our Copyright Policy for details.

Products listed in a manner to deceitfully inflate their true value

This includes, but is not limited to:

  • Vials of metal flake, gold leaf, gold-plated bars, gold grains.
  • Lots where images show items in quantities greater than the quantity the customer will receive, or appear much larger than the actual size.
  • Lots where images show items that are not included (batteries, lights, power tools, etc.)
  • Electronics that are listed in a way to suggest higher value than the item possesses, or more interactive capabilities than they possess, such as drawing tablets, y-pads, and hi-pads.
  • Items that reference a common brand-name product in the description or image/video, but which are unbranded or unknown brand products.
  • Flash drives with an actual capacity that is less than what is advertised.

Memory cards/USB drives

If a memory card or USB drive is more than 128GB and is shipping from China, it cannot be sold on Tophatter.

Obsolete electronics

Most electronics are optimal for four to five years after manufacture. Android devices running version 2.3.7 Gingerbread (2010) and older are obsolete. Review the vintage and obsolete Apple products and Chromebook Auto Update Expiration (AUE) dates.

  • Electronics items that are no longer supported by the manufacturer and cannot download current updates can be sold; however, these will not be covered by Tophatter Seller Protection.


Seeds cannot be sold unless the following conditions are met:

  • The seller is located in the United States.
  • The seller provides a link to their supplier’s website which shows the seeds are produced in the United States.
  • Receipts and/or proof of purchase are provided.
  • If the above conditions are met, seeds can only be sold to US customers. The seller is responsible for updating their shipping settings to ensure only US customers purchase seeds.

Obscene or offensive items

Obscene or offensive items cannot be sold on Tophatter. These include pornography, items that portray nudity, sexual imagery, sexual suggestion, and profanity. These also include items that promote or suggest hatred, racism, violence, bullying, harassment, humiliation, or suffering of others. This includes, but is not limited to, Nazi memorabilia, and items featuring the confederate flag.

  • Pornography is strictly prohibited. This includes pictures, videos, recordings and any medium that shows sexual organs or engagement in or suggestion of any sexual activity.
  • Images and text in listings may not be overly explicit or sexually suggestive. Images may not contain nudity of genitals or female breasts, sheer or see-through clothing that exposes these body parts, or explicit poses.
  • Adult-only items including adult toys, fetish gear, and personal lubricating products and oils can be sold on Tophatter. However, these items can only be sold via search and cannot be a part of any campaign.
  • Political items are permitted; however, items that denounce opposing parties or candidates cannot be sold.

Intangible items & services

  • All items sold must be shipped with valid tracking numbers.
  • Coupons that have no cash value cannot be sold on Tophatter.
  • Gift cards, gift certificates &  vouchers cannot be sold by the marketplace.

Large items that cannot be shipped

  • All items are required to ship with valid tracking numbers from a supported carrier as outlined in the article What are the requirements for shipping?
  • Local pick-up and/or drop-off of items is not supported by the marketplace.

Chances for additional items or prizes

Listings that offer a chance or opportunity to win an item or prize with purchase cannot be sold by the marketplace.

Mystery lots

Mystery lots such as boxes or bags of unspecified items, cannot be sold on Tophatter. 

  • All included items must be shown and listed in the description.

Metaphysical services

Metaphysical services suggesting that they will invoke a physical change or another outcome cannot be sold on Tophatter.

  • This is extended to physical items claiming to be enchanted, including but not limited to jewelry or decor with a claimed ability to affect weight loss, health, love, or money.

Sales that advertise donations to charity

Sales advertised with proceeds donated to charity are not permitted on Tophatter. Because Tophatter cannot ensure compliance with charitable fundraising laws and regulations, we must disallow hosting charity listings or solicitation for charity or donations on Tophatter.

Non-standalone accessories included with previous purchases

Items that cannot be purchased on their own, such as promotional items, and dust bags for purses cannot be sold on Tophatter.

Customized merchandise

Note: Customized items are supported and can be sold by sellers who use the Loss Leader Sales channel on Shopify.

Customized merchandise with customization extending beyond color and size variations are not supported at this time, and cannot be listed on Tophatter.

Items with hazard reports

These items cannot be sold on Tophatter because of excessive fire hazard reports:

  • TENS Units/Massagers

  • Qi Wireless Charger – only the model pictured
    • Star Master