eBay has launched an internal review of its safeguards after nine prenatal gender-testing kits were found listed on its platform for delivery to India, where prenatal sex determination is prohibited by law.
A Reuters investigation found listings for products from brands including SneakPeek and Peekaboo, with prices ranging from $6.99 to $156.59. eBay removed the listings after Reuters brought their availability in India to the company’s attention.
eBay said the products violated both Indian regulations and its own marketplace policies. The company is now examining its controls, including shipping and checkout systems, to determine whether additional safeguards are required.
How the Kits Reached Indian Buyers
eBay does not operate a dedicated Indian marketplace, but its international platform facilitates cross-border sales and shipping.
That created a gap in the restrictions eBay said it already has in place for certain gender-prediction products. The company told Reuters that it has safeguards intended to prevent such products from being available to Indian users, but the listings demonstrated that those controls did not work in every case.
The listings were brought to Reuters’ attention by cybersecurity firm FalconFeeds. One of the products identified was the Peekaboo test, which is marketed as being capable of predicting a baby’s sex from around six weeks of pregnancy.
India Prohibits Prenatal Sex Determination
The issue is particularly sensitive in India because the country has prohibited prenatal sex determination under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, commonly known as the PC&PNDT Act.
The law prohibits sex selection before or after conception and regulates prenatal diagnostic techniques to prevent their misuse for determining the sex of a foetus. It was introduced in response to concerns over sex-selective practices and their contribution to female foeticide.
The law also prohibits advertising facilities or services for sex determination, including advertising through the internet and other electronic or print media.
Individuals seeking prohibited sex-selection or prenatal diagnostic services can face imprisonment of up to three years and a fine of up to ₹50,000 for a first offence, with higher penalties for subsequent offences. Advertising sex-determination services can also attract criminal penalties.
Earth Rhythms? No, This Is a Broader Online Enforcement Challenge
The eBay incident highlights a broader problem for regulators: restricting access to prohibited products becomes more complicated when sellers, marketplaces and payment or shipping systems operate across borders.
eBay said it is reviewing whether its existing systems are sufficient, but the company did not indicate what additional measures it might introduce.
The products were sold by independent third-party sellers, rather than necessarily being supplied directly by the manufacturers.
DNA Diagnostics Center, the company behind Peekaboo, told Reuters that it does not sell or distribute the product for resale in India and does not control independent third-party sellers after purchases.
SneakPeek did not respond to Reuters’ request for comment, according to the report.
Google Has Also Been Asked to Remove Peekaboo Links
The scrutiny is not limited to e-commerce platforms.
India’s Health Ministry sent two notices to Google on August 9 seeking the removal of search results that linked users to the Peekaboo website. The notices cited searches including “peekaboo test”, “buy peekaboo test online” and “boy or girl” and said the linked information violated Indian law.
However, a subsequent Reuters check found that those searches were still producing links to the Peekaboo website, according to the report.
The development illustrates another challenge. Removing a prohibited product from a marketplace does not necessarily remove information about it from search engines or prevent users from finding overseas sellers.
Why the Issue Matters for Online Platforms
India’s PC&PNDT framework places restrictions not only on the medical procedures themselves but also on advertisements and information promoting sex-determination services.
That makes online enforcement more complicated than simply blocking a particular product category.
Marketplaces have to account for product listings, seller descriptions, destination countries, payment processing, and international shipping. Search engines face a separate challenge in determining when search results are facilitating access to prohibited services or products.
The eBay case shows how those systems can still leave gaps even when platforms have policies intended to block restricted products.
eBay’s Review Could Lead to Tighter Controls
For eBay, the immediate response has been to remove the nine listings and examine how they were able to reach Indian shoppers in the first place.
The company said it is reviewing its controls around shipping and checkout, which could result in tighter restrictions on products that are prohibited in particular jurisdictions.
The incident also underlines the limits of relying solely on seller-level compliance. Independent sellers can list products from overseas, while manufacturers may have little control over how authorised or unauthorised resellers distribute them.
For India, the case is another reminder that enforcing restrictions on prenatal sex determination increasingly involves the digital economy as much as traditional healthcare providers.
The central challenge is no longer simply whether a prohibited test is available in India. It is whether online platforms can reliably prevent an overseas seller from making that same test accessible to an Indian buyer.
Photo:Representational
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Source: NDTV Profit
