I'd talk to the seller. Safety alert is pretty much the same thing as a recall isn't it? I do not think you bound. It's against ebay policy to sell dangerous items.
I got this from the ebay site under prohibited, questionable & infringing materials.
eBay strongly supports the efforts of the U.S. Consumer Products Safety Commission (CPSC) to protect consumers against potentially hazardous goods. The CPSC, an independent federal regulatory agency, protects consumers by issuing warnings about goods that might be hazardous, and even issuing recalls of certain products. Items that have been the subject of CPSC action include lawn darts, baby products (such as defective cribs, infant carriers, and car seats), propane heaters, and thousands of other products.
If you're a seller on eBay, you should take a few minutes to check with the CPSC and ensure that the products you're selling have not been the subjects of a CPSC recall. And if you're a buyer, educate yourself about recalled products in areas that you might be doing some buying. Take a look at the CPSC's About Me page created specifically to alert eBayers about potentially hazardous items that might inadvertently get listed on eBay. It also has a link to the CPSC Web site that's loaded with helpful safety tips and a searchable database of recalled products.