Prohibited Items Policy

Labels is a curated marketplace. For a variety of reasons, we prohibit certain types of items from Labels. 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 Labels. This policy explains what is prohibited or restricted on Labels.

We have a zero tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Sellers deemed to violate this policy can be subject to immediate account suspension or termination, in accordance with our Terms of Use.

This policy is a part of our Terms of Use. By opening an Labels shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on Labels:

Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Animal Products and Human Remains

Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

Hate Items: Items that Promote, Support, or Glorify Hatred

Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

Internationally Regulated Items

Pornography and Mature Content

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 Labels. We reserve the right to remove listings that we determine are not within the spirit of Labels. Violating this policy may result in the member's selling privileges being suspended and/or terminated.

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on Labels. 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 are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of Labels.

More Details:

The following are examples of items that may not be sold on Labels:

Alcohol.

Tobacco products, smokeable products, e-cigarettes, and e-liquid.

Drugs and certain 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; vaporizers and their components.

Medical drugs, regulated medical devices, and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Labels, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

Labels prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Labels may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Labels receives proper notice from a legal authority, we may remove an item. You can find more information on prohibited medical drug claims here.

Examples of What is Allowed:

Beer brewing kits

Beer brewing kits

Baked goods containing alcohol

Rum cake

Example: Mini Baba au Rum Cake

Hookahs

Vintage hookah

Example: Vintage Hookah

Tobacco pipes

Tobacco pipe

Empty alcohol bottles and items made from them

Wine bottle tray

Example: Wine Bottle Serving Tray

Resources: Small Business Assistance from the Food & Drug Administration; US FDA and FTC for information about medical drug claims; US Bureau of Alcohol, Tobacco, Firearms and Explosives

1. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Labels due to the risk of harm to live, companion, or endangered animals.

More Details:

The following are examples of animal products that may not be sold on Labels:

Live animals.

Items created using any endangered or threatened animal species. We define these as animal species designated as threatened or endangered by the US Endangered Species Act or listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Click here for more details about which animals we prohibit.

Items made from cat and dog parts or pelts as defined by US Federal Law.

Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory.

Items made from human remains or products from the human body, except for teeth, fingernails, and hair.

Examples of What is Allowed:

Non-Ivory Animal Bones and Antlers

Snake bone necklace

Example: Snake Bone Necklace

Leather Goods

Leather bag

Example: Leather Bag

Textiles Made from Animal Hair

Authentic mohair scarf

Example: Authentic Mohair Scarf

Human Teeth or Hair

Mini bottle with human 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 for specific information about importing and exporting species that may be threatened. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act.

1. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety and legal reasons, we prohibit certain dangerous items from our marketplace.

More details:

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal and shipping regulations surrounding such materials, hazardous materials are prohibited on Labels.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

Explosives (fireworks or sparklers)

Explosive precursors

Flammable items

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 Labels. 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 item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Labels:

Guns, knives, or other blatant weapons, even if they are vintage. See here for more information.

Imitation firearms and weapons that look real or are prohibited by US law

Examples of What is Allowed:

Culinary knives or other knives used as tools

Vintage culinary knife

Example: Vintage Kitchen Knives - Collectibles

Letter openers

Letter opener

Toy slingshots

Toy slingshot

Airsoft guns and other non-harmful toy guns (with some restrictions)

Vintage ray gun toy

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); Australian Competition & Consumer Commission's (ACCC) Product Safety; ACCC Product Bans; European Commission's Consumer Product Safety; US Consumer Product Safety Commission's Resellers Guide to Selling Safer Products; Health Canada Consumer Product Safety

1. Hate Items: Items that Promote, Support, or Glorify Hatred

We want Labels to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

More Details:

Labels does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organizations or people with such views.

The following items are not allowed on Labels:

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 anti-gay, anti-immigrant, or Holocaust denial agendas.

Items that contain racial slurs or derogatory terms in reference to protected groups.

Examples of What is Allowed:

Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical and artistic value. Recognizing that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis, the following types of items are generally allowed on Labels:

Co-opted symbols, such as the swastika, when used in peaceful or religious context (often in Hinduism, Buddhism, and Jainism). The item itself must possess features that clearly depict its cultural or religious origin or purpose.

A note on swastikas:

We are sensitive to the fact that there are many cultures throughout the world which use the swastika for legitimate purposes completely independent of Nazism. However, due to the widespread recognition of the Nazi swastika as a hate symbol, we have decided to only allow swastikas when part of a clear religious or cultural context.

Vintage Buddhist swastika pendant

Example: Vintage Buddhist Swastika Pendant

Example: Buddhist Swastika Necklace

Example: Buddhist Swastika Necklace

Example: Tunic with Spiritual Symbols

Example: Tunic with Spiritual Symbols

Example: Hindu Brass Sculpture

Example: Hindu Brass Sculpture

Items that use idiomatic expressions that include the word “nazi,” such as “grammar nazi”

Grammar

Example: Grammar “Nazi” Print

Items denouncing or mocking groups or historical figures that have a history of organized, targeted violence against protected groups

Photo of anti-Nazi graffiti

Example: Photograph of Anti Nazi Graffiti

Resources: Federal Bureau of Investigation’s webpage on Hate Crimes; Southern Poverty Law Center

1. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect Labels sellers to respect the law as well.

More Details:

Illegal items, items that promote illegal activity, and stolen items are not allowed on Labels. Neither are certain items that are subject to complex legal regulations or registration systems. Because Labels 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. Listings may not facilitate or promote illegal acts.

Counterfeit or unauthorized items are prohibited on Labels. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or repurposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorized goods include replica luxury and non-luxury items like bags and branded apparel.

Additionally, due to complex legal restrictions that vary by location, Labels does not permit the sale of real estate, housing, 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, children's products, and food products.

1. Internationally Regulated Items

Labels 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 laws and regulations of the country of destination as well as your local laws.

More Details:

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

When you use Labels’s services, you are also responsible for complying with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC"). All Labels members must comply with our Sanctions Policy, regardless of their location.

Labels reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.

You 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. Labels has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Sanctions or compliance programs may have certain exceptions to their restrictions. For example, while OFAC broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.

Items that aren’t from Cuba, but are Cuban style, such as “Cuban Style Fedora Hats”

Cuban style fedora hat

Example: Cuban Style Fedora Hat

Informational materials such as art, books, film, photos, or music

Vintage biography of Fidel Castro

Example: Vintage Biography of Fidel Castro

Resources: US Office of Foreign Assets Control (OFAC) Sanctions

1. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on Labels, 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 be respectful of differing sensibilities.

More Details:

Pornography of any sort is prohibited on Labels, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behavior for the sole purpose of sexual arousal or stimulation.

We define mature content containing printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images (within reason; see also Violent Items), and explicit types or representations of taxidermy. Click here to read more about how to properly list and tag mature content. Not all nudity is considered mature, and examples 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 the explicitness of depictions of sexual activity or content.

Examples of What is Allowed Without Restriction:

Non-pornographic nude photography and depictions of breasts

Authentic tribal photograph

Example: Authentic Tribal Photograph

Non-pornographic depictions of buttocks

Fine art photograph of a nude man

Example: Fine Art Photograph of Nude Man

Abstracted or cartoonish depictions, within reason

Cartoon men and women nude print

Example: Cartoon Men and Women Nude Print

Resources: How to List Your Mature Products ; Listing Mature Content Correctly

1. Violent Items: Items that Promote, Support, or Glorify Violence

We want Labels 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.

The following items are not allowed on Labels:

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

Items that promote or endorse harmful misinformation

Examples of What is Allowed:

Fictional literary or art work (such as zombies, vampires, or other fictional works that tend to contain violence)

Real Looking Zombie Photo

Example: Real Looking Zombie Photo

Items that have educational, historical, or artistic value

Real Photograph of a Protest in Ukraine

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

Suicide Awareness Poster

Example: Suicide Awareness Poster

BDSM items (See Pornography and Mature Content for additional information)

BDSM Ball Gag & Whip

Example: BDSM Ball Gag & Whip

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on Labels 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 Labels. To report copyright or intellectual property infringement, please follow the instructions in Labels's Intellectual Property Policy.

For all other reports, or for any questions, please contact Labels 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),

“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

The Native American Mascot: Tribute or Stereotype? Psychology Today, May 21, 2012

Keeping Kids From Toy Guns: How One Mother Changed Her Mind, The Atlantic, August 9, 2013

Toy Guns: Do They Lead to Real-Life Violence? WebMd, December 1, 2011

Art And Violence, The Huffington Post, September 18, 2014

When the master of peace did violence, The Guardian, October 25, 2003