Is it illegal to sell a used mattress?

Are you trying to sell used mattresses but don’t know if they are legal or not? Then you’ve come to the right place. In this article, we will go over the various laws set in place by the US government to protect used mattress buyers.

In general, the laws vary by state. And most states require the mattress to at the very least be cleaned and sanitized. However, some states may require additional labeling as well as tagging. You may be required to detail the correct condition of the mattress and its materials. 

So, without any further ado, here’s all about the legality of selling used mattresses.

What Is the State Law Regarding Used Mattresses? 

The law regarding new and used mattresses varies with the state you’re selling the mattress in. So, you should look up the law regarding used mattresses in your specific state from the table provided in later sections. 

Some states require you to add proper labeling to the used mattresses. This is so buyers can easily distinguish between a user and a new mattress.

And that’s not all. 

The exact law varies with the state. For example, some states only allow you to sell certain parts of the mattress, like the coils. This severely restricts the money you can make back on selling the mattress.

You should be careful with tagging. Some states require you to apply color-coded tags to the mattress. This is to indicate whether it contains recycled materials or is sanitized.

Federal Law on Selling Used Mattresses in the US:

Federal laws regarding selling used mattresses in the US are scarce. This is because each state has its law for selling used mattresses.

For instance, some states are required to label their used mattress. The used mattresses must be given either a red or yellow tag. This tag signifies whether the mattress is made of used materials or has been sanitized. 

The tags help people to identify the correct type of mattress. If a buyer doesn’t want to buy a used mattress, then they should have the option not to. Similarly, if a buyer wants to buy a mattress made using recycled filling, they should be able to.

More specifically, a yellow tag means that the whole mattress is intact and has been sanitized. Hence, everything from the foam to the covers and the coils is of the originally used mattress. This type of mattress is not made from recycled materials. 

A red tag means that the used mattress is new, but the filling inside is used. In this case, any number of layers may be used. A mattress could have just one used layer, and it will still have a red tag. Recycled coils are included in this. 

This law only applies to businesses and retailers. Therefore, the tags are not required when selling the mattress individually. However, it’s still a good idea to inform the buyer of the right condition of the mattress. 

Federal Flammability Standard:

Mattresses are the most vulnerable when it comes to house fires. That’s why federal flammability standards require that every mattress be manufactured, so it doesn’t catch fire. The standard dictates that a mattress should not exceed 200 kilowatts of peak heat within the first half hour of testing. If the mattress passes the test, you can be assured that it won’t catch fire, and the fire will be unlikely to spread. 

This federal flammability standard applies to all mattresses, including used ones. Usually, mattresses have a layer of flame retardant. If you’re recycling the filling and using it in a different mattress, make sure the flame-retardant layer is still intact.

How To Sell a Used Mattress Safely? 

The first thing you should do when selling a mattress safely is to look up state laws and regulations. As already mentioned, each state has its laws. So, you should look into the specific laws of your state.

Some states may call for the used mattress to be properly sanitized before it is sold. This means washing the outer cover as well as cleaning the mattress filling. Some people may replace the filling entirely if it is too dirty or dangerous to reuse. 

To safely sell a mattress, you should not remove the flame retardant layer. Most mattresses have a layer of flame retardant right below the cover. So, be sure not to get rid of it. 

What Are the Benefits of Selling a Used Mattress? 

There are many great benefits that you can get from selling a used mattress. The first benefit is obvious: you get some value back from your old mattress. 

Let’s first establish that a mattress is considered used even if you haven’t used it. So if you have a mattress still in its plastic wrapping or tags, it will be considered used. Similarly, a mattress that is only slightly used (such as one in a guest room) will be deemed to be used. 

However, you can typically sell mattresses that are only lightly used or not used for high prices. The average market price for second-hand mattresses is around $250. However, if you have removed the mattress from its protective wrapping, it will significantly decrease in value. 

The other benefit of selling a used mattress is recycling old stuff in your house. Old fillings can be knitted into new mattresses that will still be sold as used mattresses. This lets you clear out the clutter and helps the planet by reducing the amount of junk. 

Most mattresses are made of foam, a polymer that does not naturally degrade. So, recycling and reusing old fillings are a great way to help the planet. 

State Laws on Selling Used Mattresses

The state laws on selling used mattresses vary. Most states require the mattress to be properly cleaned and sanitized. This includes washing the cover and removing any visible stains. Additionally, some states require you to label the mattress so that you can’t sell a used mattress as new.

If you want to sell used mattresses, here’s how you should go about doing so:

Set A Price:

First and foremost, decide on a price. Generally, a suitable and justifiable market price for most used mattresses is around 20%-30% of the initial retail price. This means that a mattress that costs $600 must now be sold at around $120-$180. The profit margin is shallow, but that’s what you can usually get from a mattress that has been used. 

However, if your mattress is still in good condition and has not been removed from the original plastic, you can sell it at an even higher price. Other factors influence at what price you can sell your mattress. 

For instance, the age of the mattress will significantly affect the final value. A mattress that’s only 3 years old can be sold at a much higher price than a mattress that’s 5 or 7 years old. Similarly, a mattress that hasn’t been used a lot (such as a guest room mattress) can be sold for higher. 

Moreover, if your mattress has been used frequently but has no visible stains or pests, it can sell for higher. Other factors such as the brand of the mattress can often drive-up sales. People want budget options, and while they can’t buy a new mattress made by their favorite brand, they’ll go for a used one. 

Write An Advertisement: 

Next, write an advertisement for the mattress. Look up the state laws and check if you need to specify the condition of the mattress. Regardless of the law, being truthful about the actual condition of the mattress is crucial. If the buyer finds out that the mattress was in bad condition when sold, they may give you a bad review. This could affect future sales. 

Mention the mattress brand model as well as the size and the materials that have been used. If any materials have been recycled, clearly mention those as well. You might want to know whether you used a mattress protector or not. 

Mention the age of the mattress and what you used the mattress for. Other specs such as the bed size, weight, and capacity should be mentioned. 

Choose A Marketplace: 

Next, decide where you want to sell your used mattress. You can choose many places such as Facebook Marketplace or Craigslist. You can use the OfferUp app or the LetGo app. eBay Classifieds is a great place to sell a used mattress, as is Kijiji for people who live in Canada. 

Consider Donating:

Instead of selling your used mattress, you could opt to donate it to a local charity. Some like Habitat for Humanity and Goodwill will accept old mattresses. You can donate your used mattress to homeless shelters. 

Is It Illegal to Sell a Used Mattress in The United States? 

Number	Sates	Selling Used Mattress allowed
1	Alabama	Yes. Used mattresses cannot be claimed as new.
2	Alaska	You must contact your local health department to find out the regulations.
3	Arizona	Yes, but the mattress must be adequately sanitized.
4	Arkansas	Yes. Used mattresses cannot be claimed as new.
5	California	Yes, but not if the mattress has any visible stains.
6	Colorado	Yes, but the mattress must be adequately sanitized.
7	Connecticut	Yes, but the mattress must be adequately sanitized.
8	Delaware	Yes, but the mattress must be adequately sanitized.
9	Florida	Yes, but the mattress must be adequately sanitized.
10	Georgia	Yes, but you must label the used mattress.
11	Hawaii	Yes. The material’s conditions must be adequately labeled.
12	Idaho	You must contact your local health department to find out the regulations.
13	Illinois	Yes. The material’s conditions must be adequately labeled.
14	Indiana	Only allowed for individuals.
15	Iowa	Yes. The material’s conditions must be adequately labeled.
16	Kansas	No.
17	Kentucky	Yes. The material’s conditions must be adequately labeled.
18	Louisiana	Only allowed for individuals.
19	Maine	You must contact your local health department to find out the regulations.
20	Maryland	Only allowed for individuals.
21	Massachusetts	Yes. The material’s conditions must be adequately labeled.
22	Michigan	Yes. The material’s conditions must be adequately labeled.
23	Minnesota	Yes, but the mattress must be adequately sanitized.
24	Mississippi	Yes. The material’s conditions must be adequately labeled.
25	Missouri	Yes. The material’s conditions must be adequately labeled.
26	Montana	Yes. The material’s conditions must be adequately labeled.
27	Nebraska	There is no law regarding the sale of used mattresses.
28	Nevada	Yes, but the mattress must be adequately sanitized.
29	New Hampshire	You must contact your local health department to find out the regulations.
30	New Jersey	Yes, but the mattress must be adequately sanitized.
31	New Mexico	Yes, but the mattress must be adequately sanitized.
32	New York	Only allowed for individuals. Retailers need a special license.
33	North Carolina	Yes, but the mattress must be adequately sanitized.
34	North Dakota	You must contact your local health department to find out the regulations.
35	Ohio	Yes. The material’s conditions must be adequately labeled.
36	Oklahoma	You must contact your local health department to find out the regulations.
37	Oregon	Yes. The material’s conditions must be adequately labeled.
38	Pennsylvania	Yes. The material’s conditions must be adequately labeled.
39	Rhode Island	You must contact your local health department to find out the regulations.
40	South Carolina	Yes, but the mattress must be adequately sanitized.
41	South Dakota	You must contact your local health department to find out the regulations.
42	Tennessee	Yes. The material’s conditions must be adequately labeled.
43	Texas	Yes. The material’s conditions must be adequately labeled, and the mattress must be sanitized.
44	Utah	Yes. The material’s conditions must be adequately labeled.
45	Vermont	Yes. Used mattresses cannot be claimed as new.
46	Virginia	Yes, but the mattress must be adequately sanitized.
47	Washington	Only allowed for individuals.
48	West Virginia	Yes. The material’s conditions must be adequately labeled.
49	Wisconsin	Yes. The material’s conditions must be adequately labeled.
50	Wyoming	You must contact your local health department to find out the regulations.

Key Takeaways: Legality of Selling Used Mattresses

The General Landscape of Laws

While federal laws are scarce on this topic, the legality of selling used mattresses in the US largely depends on state-specific regulations. These laws dictate measures to protect consumers, such as requirements for sanitization, labeling, and tagging.

State-by-State Regulations

Each state has its own set of rules, with some requiring cleanliness and proper labeling, while others have more specific requirements or restrictions. For instance, in some states, you can only sell parts of the mattress, while in others, color-coded tags indicate the mattress’s condition or material origin.

Federal Law and Flammability Standards

On a federal level, there’s a distinction between business and individual sellers. Businesses often need to use specific tags – red indicating used materials and yellow indicating sanitation. Furthermore, all mattresses, new or used, must adhere to the federal flammability standards ensuring they don’t catch fire easily.

Selling Used Mattresses Safely

When selling, it’s crucial to be aware of and comply with state laws, sanitize the mattress, and ensure the flame retardant layer remains intact. For pricing, a typical second-hand mattress can fetch around 20%-30% of its original retail price, influenced by factors like condition, age, brand, and presentation.

Benefits of Selling a Used Mattress

Selling a used mattress can offer value from a previous purchase. Even if a mattress is unused but out of its original packaging, it’s considered “used.” Beyond financial benefits, recycling and reselling mattresses contribute positively to the environment.

Conclusion

So is it legal to sell used mattresses? It all depends on what state you’re trying to sell the mattress in. Most states allow retailers to sell old used mattresses as long as the mattress has been adequately sanitized. Additionally, some states may require tagging and people labeling. 

Moreover, some states do not allow retailers to sell used mattresses. But individuals who want to sell to other individuals can most definitely do so. 

Now that you know all about the legality of used mattresses in your state, it’s time to follow those laws and sell your first used mattress!