Selling a used mattress is legal under federal law, but state rules vary widely - sanitization, labeling, and outright bans all come into play. Here's exactly what's required, state by state.
If you are clearing out a guest room or upgrading to a new bed, you have probably wondered whether reselling that old mattress is even allowed. The short answer: in most of the United States, selling a used mattress is legal - but federal law, state statutes, and city ordinances stack on top of each other, and the wrong label (or the wrong stain) can turn a casual Facebook Marketplace listing into a fineable offense.
This guide walks through the federal baseline, the four state-level rule patterns (ban, sanitize, label, license), and a state-by-state cheat sheet you can scan before you list. It is updated for 2026 and reflects the CPSC flammability standard (16 CFR 1633), the FTC mattress labeling rules, and current state-level statutes published by consumer protection offices.
There is no federal ban on selling used mattresses. The Consumer Product Safety Commission (CPSC) regulates flammability and labeling, and the Federal Trade Commission (FTC) enforces truth-in-advertising rules - neither outlaws resale. States and a handful of cities then layer on their own requirements, which fall into four buckets:
If your state isn't in any of those lists (AK, ID, ME, NH, ND, OK, RI, SD, WY), you should call the state Department of Health or Consumer Protection - these states defer to local health-code rules that vary by county.
Three federal rules apply to every mattress, new or used:
Since July 1, 2007, every mattress and mattress/foundation set sold or resold by a retailer in the U.S. must pass an open-flame test (16 CFR 1633) and the older cigarette-ignition test (16 CFR 1632). Used mattresses manufactured before July 2007 generally fail 1633 - which is why most states that allow resale require the seller to attach a sworn statement that the mattress was manufactured after that date.
The FTC requires every mattress to carry a permanent 'law tag' disclosing fiber content, country of origin, and manufacturer registration number. Removing it before sale is a federal violation - that's why every tag carries the 'do not remove under penalty of law' wording. The buyer is allowed to remove it after purchase; the seller is not.
Selling a used mattress as 'new' is mail/wire fraud and an FTC unfair-practices violation regardless of state law. Even private sellers on Craigslist or Facebook Marketplace must disclose used condition. Several states (AL, VT) write this requirement directly into their statutes.
When a state requires labeling for resale, the standardized color system tells inspectors and buyers what's inside:
If you're buying a used mattress and there is no red tag - or the red tag is missing - the seller is operating outside the licensing rules in any state that requires labeling. Walk away.
One important caveat: the tag system applies to businesses and retailers only. Private individual-to-individual sales (Facebook Marketplace, Craigslist, a yard-sale handoff to a neighbor) are not required to attach a red or yellow tag, even in labeling states. The truth-in-advertising rule still binds the private seller (you cannot call a used mattress "new"), and a few states require written disclosure of used condition, but the colored-tag regime is a retailer compliance system rather than a peer-to-peer one.
Use this as a starting point - confirm with your state's Department of Consumer Protection or Department of Health before listing, especially if you're selling commercially.
Sanitization typically means commercial-grade ozone or steam treatment performed by a licensed processor - DIY vacuuming and Lysol does not meet the standard.
If your state allows it and the mattress passes a basic condition check, here's the workflow that keeps you on the right side of consumer-protection law.
The law tag lists a manufacture date. If it's before July 1, 2007, do not resell - the mattress predates the federal flammability standard and is illegal to transfer for value in most states.
Strip the mattress, photograph all six sides under bright light, and check seams and tufting for bed-bug evidence (rust-colored spotting, shed skins). Even a single visible stain disqualifies the mattress for sale in California and most reputable resale platforms.
In states that mandate sanitization, you must use a licensed processor - search 'mattress sanitizer + [your state]' to find a state-registered service. Expect $50-$120 per mattress. They issue a sanitization certificate that becomes your proof of compliance.
Leave the original law tag intact. If your state requires it, attach a 'USED' or 'SECONDHAND' tag (red color in labeling states). In your listing, write the manufacture date, age, any known history (smoke-free home, pet-free home), and the words 'used mattress' explicitly - never imply it's new.
Facebook Marketplace, Craigslist, OfferUp, and Sharetown all allow used-mattress listings with disclosure. eBay does not. If you're going through a buyback service like Sharetown or Resale Rabbit, they handle sanitization and labeling for you and pay net of those costs.
Even where it's legal to sell, buying a used mattress carries real downsides:
If budget is the main driver, a clearance or floor-model new mattress with full warranty almost always beats a used one once you factor in the lifespan difference.
No - but only if the mattress has no visible stains. California's used-bedding law (Business and Professions Code § 19200 et seq.) prohibits selling, donating, or transferring any mattress with visible staining. If it has even one stain, the sale is illegal and the mattress must be disposed of.
No, but Texas requires sanitization. The Texas Health and Safety Code requires used mattresses to be sanitized by a state-licensed processor before resale, and the seller must attach a sanitization tag listing the processor's license number.
No. Pennsylvania allows used-mattress resale but requires the law tag to remain attached and a 'used' or 'secondhand' label to be visible. Private sales between individuals must still disclose used condition in writing.
Yes, in most states. Facebook Marketplace allows used-mattress listings as long as the listing clearly discloses used condition and complies with your state's labeling/sanitization rules. The platform will remove listings that mark a used mattress as 'new.'
Indiana, Kansas, Louisiana, Maryland, and Washington prohibit retail resale of used mattresses. Private peer-to-peer sales between individuals are generally still allowed but must disclose used condition. California prohibits sale of stained mattresses outright.
No - the opposite. Federal law prohibits the seller from removing the law tag. The 'do not remove under penalty of law' wording applies only to sellers and retailers. The end-buyer is allowed to remove it after purchase.
The reasons are regulatory rather than absolute. Retailer rules on selling a used mattress are typically stringent: the mattress must be clearly labeled and, in many states, sanitized by a licensed processor. States with sanitization or labeling mandates added those rules to protect buyers from bed-bug exposure, allergens, and pre-2007 mattresses that fail the federal flammability standard. Where retailers are blocked entirely (IN, LA, MD, WA), the state concluded that consistent enforcement was easier than inspection. Kansas goes further and bans both retail and private resale outright.
Selling a used mattress is legal under federal law and in most states, but the four-rule pattern - ban, sanitize, label, license - determines what you actually have to do. Before listing, check your state's bucket above, leave the law tag attached, disclose used condition in writing, and skip the sale entirely if the mattress is stained, pre-2007, or has any pest history. When in doubt, donate to a state-registered recycler instead - most states fund a mattress-recycling program that takes them for free.
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Banner Mattress EditorialThe Banner Mattress editorial team publishes independent mattress reviews, buying guides, and sleep-health advice. Since 2018 we've tested 1,000+ mattresses and 3,000+ pillows, sheets, and bedding accessories in our review lab - every recommendation is hands-on, never sourced from vendor talking points. Affiliate links may earn us a commission, but never change what we recommend.
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