Is Reselling a Mattress Illegal?

Used Mattress Sales

• Used mattresses are typically sold in two forms. One way is sanitizing a used mattress, but otherwise selling it "as is." The other form is to add new ticking (a cover) over old material. In either case, resellers must comply with certain state sanitation rules. For example, in New York, the state legislation requires a used mattress to be,
  "Sanitized using a method approved by the Department of Health." The cleaning method must kill bedbugs, dust mites and other insects as well as remove germs, mold, fungi, soil and other contaminants. However, specific sanitation guidelines are not provided, and it is up to the Department of Health to verify sanitation methods. Bedbugger.com emphasizes that New York doesn't explain what "sanitizing a mattress would mean."

FTC Guidance

• Alerts have been provided in Spanish and English for consumers to be informed on how to tell the difference between new and used mattress. Although the FTC does not indicate how they have distributed the alerts, copies of the alerts can be obtained from www.ftc.gov. This is especially beneficial for the mattresses that are recovered and appear new, although the inner material is used. For recovered mattresses, it is difficult to tell the difference if the seller does not disclose the information. The only way to tell may be the tag described in the Labeling section below.

Labeling

• New mattresses have a label that states, "all new materials, consisting of...." For used mattresses, some states require colored tags that indicate the mattress has used materials. However, federal law does require that mattresses with used stuffing have a tag indicating the material is used. If a mattress has no label, the FTC recommends not purchasing the mattress. Some states only allow items like inner springs to be reused. The state and federal rules and laws are intended for typical resale stores as well as secondhand or thrift stores. Consignment shops must also follow state and federal law.
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Court Cases

• A joint task force of federal and state authorities to stop deceptive sales have brought cases to court in at least four states that resulted in fines, refunds and even jail time for mattress sellers.

FTC Buying Tips

• The FTC in "More Than Once Upon a Mattress: Used Bedding Labeling Rules" provides buying tips to consumers. Consumers are advised to shop around for price, to ask retailers if they sell used mattress and then insist on a new mattress. Consumers are cautioned to check the new mattress tag and verify the tag on the specific mattress that is being loaded or delivered to the consumer's home. Buyers should require that the retailer write the word "new" on the sales receipt. Buyers should also obtain a copy of the retailer's refund and return policy. The FTC recommends staying away from mattresses without tags.