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I'm possibly selling a used mattress (plead the 5th) and to my surprise was told that it's illegal! I've never heard this before. It seems that many others are asking this question and have heard it too:

None but the Pennsylvania question seems to have a definitive answer.

Is it illegal to sell a [for simplicity's sake, non-stained, not-known-to-be-infested, etc.] used mattress?

Feel free to differentiate between person-to-person sales vs. via a business if the requirements differ. If, as one of the Wiki answers posts states, this might be state dependent, a summary of which states (or countries) allow/disallow this would be neat to have.

Sklivvz
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Hendy
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  • I think that if you specifically state that it is used to whoever is buying it you are fine. but you might just want to send it to a recycling plant – ratchet freak May 26 '12 at 17:33
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    From the [Federal Trade Commission](http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt068.shtm): `... in most parts of the country, used mattresses can be resold as long as they meet certain labeling and processing requirements.` – Oliver_C May 26 '12 at 21:32
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    @Oliver_C: and the "certain labeling and processing requirements" are? And is this addressed to regular folks or stores? – Hendy May 26 '12 at 22:36
  • @Hendy - Click the link, it varies by state, [e.g. New York](http://open.nysenate.gov/legislation/bill/A4243-2011). Another [FTC link](http://www.ftc.gov/opa/2000/06/mattress2.shtm). – Oliver_C May 27 '12 at 11:48
  • @Oliver_C: The original FTC link above makes the statement you suggestion, however if you read further, the labeling requirement is so that you *know* if it's new or used. I've stated it's used... this makes me wonder if this is geared toward stores. Also, the NY link simply states that used can't be *transported* with new unless they've been sanitized... they don't address selling. – Hendy May 27 '12 at 15:19
  • @Oliver_C: Whoops! You are correct. Though, it only deals with the transport, storage, and selling of used mattresses *with* new mattresses. This, again, strikes me as applying to stores. Why would an individual worry about mixing used and new mattresses? – Hendy May 27 '12 at 17:19
  • Found an [article](http://ctwatchdog.com/health/used-mattresses-being-sold-in-conn-illegally) that might help: `The sanitization and renovation of used bedding and upholstered furniture has a direct impact on public health and safety`. – Oliver_C May 27 '12 at 17:37
  • wouldn't this fit better in a legal forum? – isJustMe May 28 '12 at 16:29
  • I recall "60 Minutes" or "20/20" doing a report on people recovering and selling used mattresses as new. In most these cases the mattress companies weren't cleaning and recycling parts of the used mattresses, they were slipping new covers directly over the old ones and reselling them. In cases like these it would definitely be illegal because they were being advertised, labelled, and sold as new. – oosterwal Jun 14 '12 at 05:21
  • @Rafael.IT Maybe. Then again, perhaps any question here would fit better in a site dedicated to whatever it's tagged with. – Hendy Jun 14 '12 at 15:31
  • I delivered new mattresses for 6 years, here are the things to watch out for: 1. If the store has a "30 night" or similar period that you can return your mattress or switch out for a different one, be cautious. You don't really think they toss out those mattersses right? 2. The mattress should have a chemical type odor almost exploding out of the bag. This is the flame retardant and will go away after a couple of nights. 3. Make sure that the plastic is FACTORY SEALED, not just taped up. It is easy to distinguish a perforated seal against a "Eurosealer" that you can get on TV. 4. There should –  Feb 27 '13 at 18:45
  • While interesting, this fails to answer the question – Rory Alsop Feb 27 '13 at 19:09

1 Answers1

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For starters, like almost every question that begins "is it illegal", the real answers are always:

  1. It depends on where you live, so
  2. Ask an actual lawyer.

Having said that, it is not illegal to sell a used mattress in any United States jurisdiction that I know of. However, most states have restrictions on what you can and can't do when selling used mattresses, primarily involving fraud or health concerns.

For people who sell bedding as a business, the rules are rather strict, frequently requiring licensing from the Health Department, among other things. Many states (20 as of 2/10/2013) are part of a national cooperative, the International Association of Bedding and Furniture Law Officials, that attempts to synchronize bedding laws. You can read all the various requirements that member states adhere to on their site.

For a consumer selling bedding to another consumer, you avoid many of the regulations. What's left typically boils down to two things:

(2) Any secondhand mattress, pillow, bolster, featherbed or comfortable, unless since last used it has been thoroughly sterilized and disinfected by a reasonable process approved by the Department of Health and Social Services.

KutuluMike
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    Note that laws typically require *sterilization* which is nothing like mere sanitizing. – David Schwartz Oct 17 '16 at 17:11
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    "leasing used mattresses" So you return the mattress with a certain number of hours slept on it? How does this work? – Anoplexian Oct 17 '16 at 22:25
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    FYI, any time you ask a lawyer if something is illegal, they tell you "safer not to try it". – piojo Aug 19 '19 at 02:26
  • @Anoplexian yes, you can now lease beds and mattresses, and other furniture. Silly as it sounds... Lease is for a number of months or years, not hours used. – jwenting Aug 20 '19 at 03:39