Is my mattress new or used?

Jacy of Orlando, writes:
Hi Peter,
I was wondering what happens to the mattresses that people exchange usually within the 30 day period permitted by most major mattress stores?
I recently got a Serta Firm Pillowtop mattress from Mattress One store in Orlando, FL.  Their customer service REALLY sucked and I truly got ripped off by them.  However, I simply had to bite the bullet and exchange it with a Sealy Firm mattress, no pillowtop or fancy stuff...plain old firm mattress. 
However, when I got the 2nd mattress I noticed that it did not have the same 'new' mattress smell (i guess chemicals, etc) that the 1st mattress had (it took about 3 weeks for the smell to go away actually).  So I am now suspicious that the store had actually given me a used mattress instead of a brand new one.  I will be very angry if indeed they had simply given me a mattress that was also exchanged by someone else because I paid $1700 for it!! 
Is there anything I can do to investigate if this is a new mattress or a used mattress.  Is there any law that prevents mattress stores from doing this sort of thing?  If there are none then I think we the consumers are being really being made fools of by big companies and chain stores. 
Please help!

Hi Jacy, There is a law that prevents an opened mattress to be sold as new. The "tell" is how it came to you. From the factory, the mattress is sealed in plastic. Once opened, it can't be sealed, but only taped closed.
But, that's something you would have to looked for at the time of delivery. Also, there is a white "law" label on the back end of the mattress. It'll have the date it was made. Since new stock can sit for a while, it's not an absolute.
But is the date was during the past week, or so, it isn't likely that it would have gone out and come back that quickly.
The factory doesn't take back mattresses returned due to a comfort issue. The store should be selling those off for less...and not as new.
The new mattress smell should not be strong and should fade away in a few days.

Thanks, Pete

 

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