Is it legal to sell unused diabetic test strips?

One of the most common questions people have before selling unused diabetic supplies is whether it's actually legal. There is no universal yes-or-no rule that covers every product and situation.

The basic rule: OTC supplies are your property

Some unopened diabetes supplies may be transferable, but ownership alone does not resolve every legal, contractual, safety, or program restriction. Test strips and related products are FDA-regulated medical devices, and some products or distribution channels may carry prescription, program, manufacturer, or “not for resale” restrictions.

Before offering supplies, confirm that they are lawfully yours, factory sealed, unexpired, authorized for U.S. sale, and not subject to a restriction printed on the package or imposed by the payer or supplier.

The one exception: Medicare and Medicaid labels

Government-program supplies require special caution. Do not offer products marked “Medicare,” “Medicaid,” “not for resale,” sample, institutional use, or similar restricted language. If Medicare, Medicaid, TRICARE, or another program paid for the items, contact the plan, dispensing supplier, or a qualified attorney before attempting a transfer.

Federal fraud laws are fact-specific. This page does not claim that one label or one statute is the only issue that can apply.

What about the supplies my doctor prescribed?

A prescription or clinician recommendation does not automatically answer whether a product may be resold. Some devices are available over the counter, while others may be prescription-only or distributed under specific terms. Check the package, product authorization, payer rules, and applicable state law.

Is there a limit on how much you can sell?

There is no single nationwide quantity threshold that makes every transaction lawful. Repeated or commercial-scale activity can raise different licensing, tax, medical-device distribution, and fraud questions. Large quantities or frequent transactions should be reviewed with qualified legal counsel.

What do buyers check for?

Our eligibility review considers whether products are factory sealed, unexpired, undamaged, authorized for U.S. distribution, and free of visible program, sample, institutional, or resale restrictions. We may decline any item when ownership, labeling, storage, or eligibility cannot be verified.