by Going for a used mattress might not be an option for most buyers. This is due to the consensus that used mattresses are dirty and unhealthy. But that might not be the case all the time.
Purchasing a used mattress or one with used fillings might help you save a few bucks while staying environmentally friendly. But the laws regarding selling them tend to vary from one state to another.
Some states have put a complete ban on swelling these used mattresses. While others only allow this to happen under strict conditions. The requirement is that these mattresses be properly sanitized before they go on sale.
Federal laws require that the seller label the mattress as “used” when selling. But how the laws differ from state to state!
Federal Laws on Selling Used Mattresses
The rules and regulations on selling and purchasing these used mattresses vary between states. Here are some legal obligations that you have to consider before buying any used mattresses;
- Some states allow the selling of old mattresses, but they must be disinfected or sanitized before they go on sale.
- Some states have placed mandatory labeling requirements for selling these used mattresses. Sometimes, these mattresses need a red label, while others should have yellow labels to indicate their use.
- Some states only allow certain mattress parts, such as springs, etc., to be solid or reused.
- In some states, Federal law requires used mattresses to have a mandatory color-coded tag for highlighting the condition. If there are any recycled materials in the mattress or if it has been properly sanitized. This does not apply to individuals selling their mattresses to other individuals and only to the stores selling these used mattresses.
Red/Yellow Labels & Their Meaning
As we have just mentioned, Federal laws in some states require these used mattresses to be labeled red/yellow before they go on sale. But what do these tags or labels mean?
- Yellow label → This label means that the mattress has been properly sanitized.
- Red label → This label indicates that the mattress contains used materials, such as a filling.
- Both red and yellow labels → A mattress with red and yellow labels inform the customers about the materials used within the mattress and meets the sanitization requirements.
- White label → A white label is exclusive to new mattresses that only feature new materials.
But you must remember that these labeling requirements are not for individual-to-individual sales. These requirements are for retailers and businesses.
You must check the current state laws for selling used mattresses. It is important because these state laws tend to vary for different states.
What are the Federal Flammability Standards?
These standards have been in effect since July 2017. They ensure these mattresses are made of materials that are not flammable or at least not easy to do so. According to these standards, the mattresses should not exceed 200 kW of peak heat in the first half an hour of the safety tests.
The purpose here is to make these mattresses much less likely to catch fires and to prevent any spread if it does catch fire. A used mattress has to meet these standards before it goes on sale.
What are the State Laws on Selling These Used Mattresses
So, does your state prohibit you from selling your used mattresses? California does that only if the used mattress has visible stains on it.
Whereas the State of Texas requires these used mattresses to be cleaned, they must come with a tag indicating that the mattress is used.
People in New York can conveniently purchase a used mattress. The state laws tend to be different, and you will need to contact your local health department for more details on buying and selling these used mattresses.
State-by-State Guide on Selling these Used Mattresses
| States | The Legality of Selling Used Mattresses |
| Alabama (AL) | It is illegal to claim a used mattress as new |
| Alaska (AK) | You need to get in touch with your local health department |
| Arizona (AZ) | It is legal, but the mattress has to be properly sanitized before going on sale |
| Arkansas (AR) | Illegal to claim a used mattress as new |
| California (CA) | Legal unless it has some visible stains on it |
| Colorado (CO) | It is legal, but the mattress has to be properly sanitized before going on sale |
| Connecticut (CT) | Legal, but the mattress has to be properly sanitized and should be correctly labeled before going on sale |
| Delaware (DE) | It is legal, but the mattress has to be properly sanitized before going on sale |
| Florida (FL) | Although legal, the mattress has to be properly sanitized before going on sale |
| Georgia (GA) | It is legal, but used filling has to be correctly labeled |
| Hawaii (HI) | It is legal, but the condition of the materials has to be merely and correctly labeled |
| Idaho (ID) | You have to get in touch with your local health department |
| Illinois (IL) | It is legal, but the condition has to be labeled clearly |
| Indiana (IN) | It is illegal, but only for a business or a retailer and not for an individual-to-individual sale |
| Iowa (IA) | Legal, but the condition has to be labeled clearly |
| Kansas (KS) | It is downright illegal to sell used mattresses |
| Kentucky (KY) | It is legal, but the condition has to be labeled clearly |
| Louisiana (LA) | It is illegal, but only for a business or a retailer and not for an individual-to-individual sale |
| Maine (ME) | You have to get in touch with your local health department |
| Maryland (MD) | It is illegal, but only for a business or a retailer and not for an individual-to-individual sale |
| Massachusetts (MA) | It is legal, but the condition has to be labeled clearly |
| Michigan (MI) | It is legal, but the condition has to be labeled clearly |
| Minnesota (MN) | It is legal, but the mattress has to be properly sanitized before going on sale |
| Mississippi (MS) | It is legal, but the condition has to be labeled clearly |
| Missouri (MO) | It is legal, but the condition has to be labeled clearly |
| Montana (MT) | It is legal, but the condition has to be labeled clearly |
| Nebraska (NE) | There is no law on the sale or purchase of used mattresses |
| Nevada (NV) | It is legal, but the mattress has to be properly sanitized before going on sale |
| New Hampshire (NH) | You have to get in touch with your local health department |
| New Jersey (NJ) | It is legal, but the mattress has to be properly sanitized before going on sale |
| New Mexico (NM) | It is legal, but the mattress has to be properly sanitized before going on sale |
| New York (NY) | It is legal, but businesses and retailers require a specific license for this |
| North Carolina (NC) | It is legal, but the mattress has to be properly sanitized before going on sale |
| North Dakota (ND) | You have to get in touch with your local health department |
| Ohio (OH) | It is legal, but the condition has to be labeled clearly |
| Oklahoma (OK) | You have to get in touch with your local health department |
| Oregon (OR) | It is legal, but the condition has to be labeled clearly |
| Pennsylvania (PA) | It is legal, but the condition has to be labeled clearly |
| Rhode Island (RI) | You have to get in touch with your local health department |
| South Carolina (SC) | It is legal, but the mattress has to be properly sanitized before going on sale |
| South Dakota (SD) | You have to get in touch with your local health department |
| Tennessee (TN) | It is legal, but the condition has to be labeled clearly |
| Texas (TX) | It is legal, but the condition has to be clear |
| Utah (UT) | It is legal, but the condition has to be labeled clearly |
| Vermont (VT) | It is illegal to claim a used mattress as new |
| Virginia (VA) | It is legal, but the mattress has to be properly sanitized before going on sale |
| Washington (WA) | It is illegal, but only for a business or a retailer and not for an individual-to-individual sale |
| West Virginia (WV) | It is legal, but the condition has to be labeled clearly |
| Wisconsin (WI) | It is legal, but the condition has to be labeled clearly |
| Wyoming (WY) | You have to get in touch with your local health department |
Legal Considerations
Here are some legal considerations that you must adhere to when selling used mattresses.
Cleanliness of used mattresses
Most states require used and returned mattresses to be properly washed, cleaned, disinfected, and sanitized before they go on sale.
Most of these state laws require sellers to label their used mattresses proving that they are properly sanitized and cleaned under certain approved methodologies.
There have been some cases where retailers sold their used mattresses without properly sanitizing them. It’s an unhygienic practice and opposes the guidelines concerning public health.
After the pandemic, it has been made an obligation that all surfaces that come in contact with people must be properly sanitized. Purchasing used mattresses from a trustable source will be a reliable option, and it’s better to sanitize yourself too.
The prescribed techniques to sanitize a mattress are commercial laundering, steam cleaning, or chemical treatment. With the help of cleaning chemicals, you can eliminate these yellow stains on your mattress.
With steam treatment, you can get rid of microbes and bacteria in your mattress. Then, you can use some spray to neutralize those bed bugs.
Frequent disinfection is highly recommended, but remember that it will be effective if your mattress is clean. Be sure only to use approved disinfectants and follow the directions given on the label.
Filling of the mattress
Some states only allow spring coils that are in those innerspring mattresses. Federal law regulates that a mattress’s filling must meet the Federal Flammable Standards described above.
Covering of the mattress
Some states require sellers to replace the primary sleep surface of the mattresses before selling them. However, some states completely ban it because replacing the cover will hide any stains or other damage to the mattress.
A ban on showing a used mattress as new
Furniture stores in some states labeled these used mattresses as “rebuilt” or “composed of all new materials excluding spring.” But these stores were selling old mattresses that were recovered using new materials.
If you research this particular topic, you’ll find that the media have covered quite a few court cases. It’s pretty reckless behavior on the part of mattress sellers.
They have to inform their customer better by tagging these used mattresses in an appropriate manner and to be under the protection of the law in an effective manner.
Key Takeaways on the Legality of Selling Used Mattresses
Federal Laws on Selling Used Mattresses
Federal laws mandate sellers to label the mattresses as “used.” However, the specific regulations on selling used mattresses differ from one state to another.
Red/Yellow Labels & Their Meaning
Used mattresses in some states must be labeled with color-coded tags (red or yellow). Yellow indicates sanitization, while red suggests the mattress contains used materials. Both labels together imply the mattress meets sanitization requirements and discloses used material content. This labeling doesn’t apply to individual sales.
Federal Flammability Standards
Effective since July 2017, these standards ensure mattresses are made from materials that resist ignition. Used mattresses must meet these criteria before being sold.
State Laws on Selling Used Mattresses
States have varied regulations on the sale of used mattresses. For instance, California bans the sale of stained used mattresses, while Texas mandates a clear “used” tag. Checking specific state laws is crucial.
Legal Considerations
Most states require used mattresses to be sanitized before sale. Sanitization methods include commercial laundering, steam cleaning, or chemical treatment. It’s also essential to label mattresses correctly, especially if they have been refurbished or contain old components.
Conclusion:
Some states might have entirely banned selling used mattresses, while others have set some mandatory requirements that sellers must follow before selling these used mattresses. Therefore, you must consider these rules and regulations to stay protected under the law and avoid any legal hassles.
References:
https://www.usnews.com/360-reviews/sleep/mattress/buying-used
https://www.consumer.ftc.gov/articles/0099-shopping-used-mattresses
What states is it illegal to sell used mattresses FAQs
Is selling used mattresses illegal in the US?
The requirements for selling these used mattresses are different in different states. Some states have banned this practice, while others have some mandatory requirements. Therefore, check your state laws and contact your local health department before considering selling or buying these used mattresses.
How much is a used mattress worth?
Generally, the fair market price of any used mattresses will be around 20 to 30 percent of the original retail price. For instance, a memory foam mattress costs around USD 1000, and you can sell it at around USD 200 to USD 300 on the market.
Is selling used mattresses illegal in Florida?
Selling these used mattresses is legal in the State of Florida. However, you have to properly sanitize your used mattresses before you put them on sale. For further details, you can contact your local health department.