Yes, selling a used mattress is legal in most states, but it is heavily regulated, and violating those regulations can lead to penalties. Selling a used mattress is more common than ever, thanks to online marketplaces, thrift stores, and budget-friendly buyers.
In other words, it’s not illegal, but it’s also not as simple as selling other used household items. A mix of state laws, sanitation requirements, and labeling rules apply.
Federal Law: What Does It Say?
There is no federal law that outright bans the sale of a used mattress. However, federal regulations, particularly those involving product safety and labeling, still apply:
1. Federal Flammability Standards
Any mattress sold — new or used — must meet federal flammability standards set by the U.S. Consumer Product Safety Commission (CPSC).
Sellers typically meet this requirement by:
- Selling only mattresses manufactured after certain safety rules were adopted
- Properly labeling the mattress if required in their state
Private sellers (individuals) are rarely inspected, but businesses such as thrift stores, retailers, and resellers must comply.
2. Truth-in-Advertising Principles
If a seller represents a mattress as “new” when it’s actually used or refurbished, that can violate federal consumer-protection rules.
Misrepresentation is illegal — the status must be clearly disclosed.
State Laws: Where Regulations Really Matter
While federal law doesn’t ban used mattresses, state laws differ dramatically. Some states have strict sanitation rules, others have labeling requirements, and a few ban certain types of used mattress sales entirely.
1. States That Allow Used Mattress Sales With Strict Rules
Many states permit used mattress sales but add requirements such as:
- Sanitizing the mattress
- Using approved disinfectants
- Attaching a specific colored tag (commonly yellow)
- Clearly labeling the mattress as “used” or “rebuilt”
Examples of states with strict used-mattress regulations include:
- California
- Texas
- Florida
- New York
- Illinois
In these states, businesses must often register with a state agency and keep records of how the mattress was sanitized.
2. States That Require Special Tags
Many states require color-coded tags:
- White tag → New mattress
- Yellow tag → Used mattress
- Red tag → Rebuilt or containing used materials
Failing to attach the proper tag can make the sale unlawful.
3. States With Limited or No Regulation
Some states have minimal rules regarding used mattresses. In certain places, private individuals can sell a used mattress with no inspection, sanitation, or labeling requirements. However, businesses often still must comply with broader consumer-protection or sanitation rules.
When Selling a Used Mattress Can Be Illegal
Even though selling a used mattress is generally lawful, certain actions can still violate the law:
1. Selling a mattress infested with bedbugs
Knowingly selling an infested mattress can violate:
- Health codes
- Consumer protection laws
- Fraud statutes
2. Selling a used mattress as “new”
Misrepresentation is illegal under both state and federal consumer-protection standards.
3. Failing to follow state sanitation or tagging laws
In states with strict regulations, failure to sanitize or label a mattress can lead to:
- Fines
- Seizure of products
- Licensing penalties for businesses
4. Selling a prohibited item
Some states restrict sales of:
- Used crib mattresses
- Heavily soiled mattresses
- Mattresses that fail flammability standards
What About Private Sellers Online?
Selling a used mattress on platforms like Craigslist, Facebook Marketplace, or OfferUp is legal in most states. Private individuals typically face fewer requirements, but they must still avoid:
- Misrepresentation
- Selling unsafe or contaminated products
- Violating any specific state sanitation rules
Conclusion
It is not generally against the law to sell a used mattress in the United States. However, state regulations vary widely, and sanitation, labeling, and disclosure rules often apply.
For businesses, the rules are strict. For private sellers, the process is easier but still requires honesty and basic safety considerations.
