As a private individual, you cannot legally sell a used CPAP machine. The FDA classifies CPAP machines as Class II prescription medical devices, and federal regulations restrict their sale to registered distributors and licensed healthcare practitioners. A machine you no longer need does have legal outlets, though: you can donate it to a charity, sell it to an FDA-registered refurbishment company, or recycle it as electronic waste.
Why the Law Treats CPAP Machines This Way
Every CPAP machine is labeled “Rx only” because the pressure settings must be calibrated to the individual patient. A sleep study determines the right pressure range and a doctor prescribes the specific settings. Using someone else’s prescribed pressure can mean ineffective therapy at best and complications at worst. The FDA reclassified positive airway pressure delivery systems as Class II medical devices in 2018, a category for devices that pose a moderate level of risk and require special controls.1Federal Register. Medical Devices; Anesthesiology Devices; Classification of the Positive Airway Pressure Delivery System
The regulation that effectively blocks private sales is 21 CFR 801.109. It requires that a prescription device be in the possession of someone “regularly and lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution” of the device, or in the possession of a licensed practitioner. The device may only be sold “to or on the prescription or other order of such practitioner.”2eCFR. 21 CFR 801.109 – Prescription Devices An individual selling to another individual is neither a registered distributor nor a licensed practitioner, and almost certainly does not have the buyer’s prescription on file. A device that changes hands outside this framework is considered “misbranded” under the Federal Food, Drug, and Cosmetic Act, and distributing a misbranded device is a prohibited act.3FDA. Warning Letter to LEEL Tech
What You Actually Risk
Federal law authorizes civil penalties of up to $15,000 per violation for anyone who violates a device-related requirement of the FD&C Act, with a cap of $1,000,000 for all violations in a single proceeding. Criminal penalties for a first offense can reach one year of imprisonment and a $1,000 fine. If the government proves intent to defraud or mislead, those numbers rise to three years of imprisonment and a $10,000 fine.4Office of the Law Revision Counsel. 21 U.S. Code 333 – Penalties
Enforcement against individual sellers is uncommon. The FDA typically focuses on companies operating at scale. Uncommon is not impossible, though, and the legal risk does not stop with the FDA. If your buyer suffers harm because the pressure settings were wrong, the device malfunctioned, or bacteria from an inadequately sanitized machine caused an infection, you could face a personal injury lawsuit. You have no product liability insurance and no quality management system to point to as a reasonable precaution.
Online Marketplaces Won’t Host the Listing
Even if you were willing to accept the risk, most platforms will not let you post the machine. eBay explicitly prohibits the sale of CPAP machines, masks, humidifiers, heated water chambers, and heated tubing because they require a prescription. Violations can result in listing removal, account warnings, or suspension.5eBay. Medical Devices and Equipment Policy Facebook Marketplace similarly bans prescription items and medical devices. Craigslist’s terms of service prohibit advertisements for illegal goods or services, which covers prescription device sales by unauthorized individuals.
Listings do sometimes slip through automated filters. Their existence does not make the sale legal. Platforms actively remove them, and a completed transaction still violates federal law regardless of which website hosted it.
Selling to a Licensed Refurbisher
One legal path can put money in your pocket. Some companies are registered with the FDA as medical device establishments and buy used CPAP machines from individuals. They refurbish the devices, test them, and resell them to patients with valid prescriptions. Because the buyer is an authorized entity that meets 21 CFR 801.109, transferring your device to one of them falls inside the regulatory framework rather than outside it.2eCFR. 21 CFR 801.109 – Prescription Devices
The payout is modest. Authorized buyers typically accept only specific models and may offer $50 to $200 depending on the machine’s age, brand, and condition. Older machines or less popular brands are often declined. Before shipping your device anywhere, verify that the company is registered with the FDA. You can search the FDA’s establishment registration database on fda.gov to confirm.
If Your Machine Is a Recalled Philips Model
In June 2021, Philips Respironics recalled approximately 15 million CPAP, BiPAP, and ventilator devices worldwide because the sound-dampening foam inside the machines could break down and release particles or chemicals that users might breathe in. The FDA has described this as a risk of serious injury potentially requiring medical intervention.6U.S. Food and Drug Administration. Recalled Philips Ventilators, BiPAP Machines, and CPAP Machines
A recalled Philips CPAP cannot be sold, and most donation organizations will not accept one either. A class action settlement offers $100 for each recalled device returned to Philips, with additional compensation available depending on the device type and whether you purchased a replacement out of pocket. Payments are being processed on a rolling basis through spring 2026.7Philips MDL Settlement. CPAP Philips MDL Settlement Returning the device through the settlement is almost certainly a better financial outcome than anything else, and it avoids exposing another person to a known health hazard.
Donating a Working Machine
Donation is the most straightforward legal option. Several nonprofit organizations accept gently used CPAP and BiPAP machines, refurbish them, and distribute them to patients who cannot afford new equipment. Among the more established programs:
- Wellness, Sleep and Circadian Network (WSCN), formerly the American Sleep Apnea Association, accepts data-capable machines from smoke-free homes in good working condition. They do not accept older models like the Respironics M-Series or ResMed S7/S8, and they no longer accept Philips Respironics machines subject to the recall.8SleepHealth.org. CPAP Machine and Supplies Donation
- The Reggie White Foundation, a Texas-based organization named after the former NFL player, accepts many CPAP and BiPAP machines and supplies.
- Breathe California accepts CPAP donations in person and by mail, distributing devices to people in need in the San Francisco Bay Area.
- Advocates for World Health accepts mailed donations from all 50 states and sends medical equipment internationally, primarily to Central America.
Most programs require the machine to be in good working condition with no cosmetic damage like cracked screens. Recalled devices are universally rejected. Supplies such as masks, tubing, and filters must typically be unopened and in their original packaging, often with at least 12 months before expiration. You will generally pay for shipping.
If you itemize deductions, a donation to a qualified charity entitles you to deduct the fair market value of the equipment on your federal tax return.9Internal Revenue Service. Topic No. 506, Charitable Contributions Fair market value for used electronics is typically far less than what you originally paid; the IRS defines it as the price a willing buyer and seller would agree to in an open market, considering age, condition, and comparable sales.10Internal Revenue Service. Publication 561, Determining the Value of Donated Property Keep a record of what you donated, its condition, and your shipping receipt. Organizations like WSCN will provide a tax acknowledgment letter upon request.8SleepHealth.org. CPAP Machine and Supplies Donation
What About Masks, Tubing, and Other Accessories
Accessories are not automatically outside the prescription-device rules. CPAP masks, including nasal pillow masks, are classified as prescription devices under 21 CFR 801 Subpart D and are intended for use under the direction of a physician.11Food and Drug Administration (FDA). 510(k) Premarket Notification for Nasal Pillow Mask (K243225) eBay’s ban specifically includes masks, humidifiers, heated water chambers, and heated tubing.5eBay. Medical Devices and Equipment Policy
Some generic replacement parts, like standard air filters and basic tubing that are not prescription-specific, occupy grayer territory. Used masks and tubing also carry real hygiene concerns beyond the legal question. Bacteria accumulate in these components quickly, and fit varies between patients. Most organizations that accept CPAP donations will only take supplies that are still sealed in their original packaging.
Recycling a Machine You Can’t Donate or Sell
If your CPAP is too old to donate, broken beyond repair, or subject to the Philips recall with no settlement value remaining, recycling is the responsible last step. CPAP machines contain electronic components and in some cases lithium batteries, which means many municipalities classify them as electronic waste. Putting one in regular household trash may violate local e-waste disposal rules.
Most communities operate e-waste collection events or have designated drop-off facilities at municipal recycling centers. Some electronics retailers also accept small medical electronics. Call your local waste management office to confirm what they accept and any fees. The cost is usually minimal or free for small devices, though it varies by location.