Is Reselling a Mattress Illegal?

Unsanitized used mattresses can have bedbugs, dust mites, mold and other contaminants.

Each state decides its own laws for allowing the resale of used mattresses, according to the Federal Trade Commission. The FTC explains that most states allow mattress reselling as long as federal labeling and processing standards are met. The FTC has joined with states to crack down on a mattress-selling practice called "rebuilt mattresses." The FTC has also started a program, "Project Rest Easy," to work with law enforcement and provide consumer information in an attempt to ensure the used-mattress industry is not scamming consumers. The FTC does not specifically address private citizens reselling a used mattress, although they do mention that resale and consignment shops must comply with federal and state laws.

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.

References

• Federal Trade Commission: Consumers Can 'Rest Easy' Following FTC Settlements with Two Used Mattress Resellers
• New York Senate: S7316: Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state
• Federal Trade Commission: More Than Once Upon a Mattress
• BedBugger: Bed bug mattress bill S7316b passed in New York

Resources

• Mattress-Sense: Used products failed to meet State consumer protection standards