Is selling used panties legal?
In the US, selling worn underwear from one adult to another is generally legal. No federal law bans it. The real risks sit around it: age, how you market, how you ship, and paying your taxes.
Updated October 2026. General information, not legal advice.
The short answer
No federal or state law specifically bans selling worn underwear between adults, according to a review of US law published by LegalClarity in August 2026. People get into trouble for things around the sale, which are all avoidable.
Where the real risks are
- Age. Anyone under 18 selling, or anyone knowingly buying from a minor, is a serious crime. That is why every seller here passes a government ID check and why we keep the records required by 18 U.S.C. 2257.
- Explicit marketing. Federal law (18 U.S.C. 1461 and 1462) makes it a crime to mail or ship obscene material. Obscenity is judged by the three-part Miller v. California test. A plain worn garment is very unlikely to meet it, but explicit photos or descriptions that go with an order raise the risk. Keep listings and packaging tasteful.
- Shipping. Ordinary worn clothing can go through USPS. Packages that leak or look contaminated can be stopped, so seal every item. Abroad, some countries restrict or ban used clothing or underwear imports, so check before you accept an international order.
- Consent and likeness. Claiming an item was worn by someone who did not wear it, or using another person's photos, can lead to civil claims for misusing their likeness. Sell only your own items with your own photos.
- Local rules. A few states have sanitary rules for reselling used intimate items through a business, and obscenity standards differ by place. If you run this as a registered business, check your state's rules.
Site rules are not laws
eBay and Depop ban used underwear listings. That is a policy choice by those companies, not a sign that selling is illegal. It is the main reason marketplaces for worn items exist at all.
Taxes count too
Money from selling is taxable income in the US, whether or not you receive a tax form. The IRS says you must report income even without a Form 1099-K. See our tax guide for sellers.
How DiscreetPanties keeps sellers on the right side
- Every seller is ID-checked and must be 18 or older. Buyers confirm they are 18 or older too.
- Anyone can report a listing or profile, and our team reviews every report.
- Sellers ship themselves in plain, sealed mailers with tracking.
- We ask for a tax form when a seller's yearly sales reach $500, so nothing surprises you at tax time.
Sources
- LegalClarity: Is it illegal to sell used panties? (August 2026)
- 18 U.S.C. 1461, mailing obscene matter (Cornell LII)
- Miller v. California, 413 U.S. 15 (1973) (Justia)
- USPS Publication 52: Hazardous, Restricted and Perishable Mail
- IRS: Understanding your Form 1099-K
This page is general information about US law, not legal advice. Laws change and differ by state and country. For advice on your situation, talk to a lawyer where you live.
Common questions
Is it legal to sell used panties in the US?
Generally yes, between adults. No federal statute bans selling worn underwear. The legal risks come from who is selling, how items are marketed and where they are shipped, not from the sale itself.
Can I sell used panties on eBay or Depop?
No. Both prohibit selling used underwear, and listings can be removed or accounts closed. That is a site rule, not a law, which is why sellers use marketplaces built for worn items.
Can I ship worn items through the mail?
Ordinary worn clothing is mailable in the US. Seal items so nothing can leak, use a plain mailer and add tracking. International shipping is different: some countries restrict used clothing or underwear imports.
Do I need to be 18?
Yes. Every seller here must be at least 18 and pass a government ID check before selling. Buyers must be 18 or older too.