When you see a mattress marked down from a crossed‑out "was" price, that higher price often wasn't the genuine usual selling price, and countdown timers or "limited time" claims can be unlawful pressure tactics.
What the UK advertising regulator found on "was" prices
The Advertising Standards Authority ruled in December 2025 that Otty Sleep had not demonstrated £799.99 was the genuine usual selling price of a mattress, and that the reference price and associated savings claims were misleading Advertising Standards Authority (UK). The ASA noted the offer was not time‑limited and had run since March 2025, so the mattress alone had been sold at the discounted £724.99 for about six months when the ad was seen Advertising Standards Authority (UK).
A UK law firm's report explains that to use a reference price a seller must have sold at full price for at least as long as the discount runs, and sold a significant number or proportion of items at full price Lewis Silkin LLP (law firm commentary).
What the UK competition authority found on urgency tactics
The Competition and Markets Authority says mattress firm Emma Sleep admitted breaking consumer law with misleading countdown timers, false "high demand" messages and "discount" claims Competition and Markets Authority (UK), GOV.UK. The CMA says Emma Sleep is now stopped from using "limited time" sales or discounts where substantially similar deals continue after the deadline passes Competition and Markets Authority (UK), GOV.UK. The CMA says businesses using fake countdown clocks or misleading "discounts" to push people into spending are breaking the law Competition and Markets Authority (UK), GOV.UK. The remaining part of the CMA's case against Emma Sleep, on "was/now" reference pricing, will be decided at a trial due to start in early June 2026 Competition and Markets Authority (UK), GOV.UK.
The same report says Emma Sleep admitted several narrow breaches, including a struck‑through reference price for a new product never actually offered at that price, and a reference price that was not the price charged immediately before the promotion Lewis Silkin LLP (law firm commentary). The law firm also reports that the CMA has withdrawn its online mattress guidance, which set out the 1:2 volume ratio requirement Lewis Silkin LLP (law firm commentary).
What the US FTC guides say about former prices
The FTC's eCFR text for 16 CFR Part 233 says a former price is a legitimate basis for a price comparison if it was the actual, bona fide price offered to the public regularly for a reasonably substantial period eCFR (US Federal Trade Commission guides). The FTC guide says a fictitious former price, such as an artificially inflated price set up to allow a large reduction, makes the advertised bargain false eCFR (US Federal Trade Commission guides). The FTC guide says a former price is not necessarily fictitious just because no sales were made at that price eCFR (US Federal Trade Commission guides). The FTC guide says a list price significantly above the highest price at which substantial sales are made in the trade area risks misleading consumers about an advertised reduction eCFR (US Federal Trade Commission guides).
What consumer testers found in Australia and the UK
CHOICE says mattress sales used to come only twice a year but are now almost continual CHOICE (Australian consumer organisation). CHOICE advises buyers not to pay the recommended retail price unless they need a mattress straight away, because mattresses go on sale frequently CHOICE (Australian consumer organisation). CHOICE says there is no reason to pay the recommended retail price (RRP) for a mattress CHOICE (Australian consumer organisation). CHOICE's 2017 mattress pricing investigation found that bricks‑and‑mortar retailers can add mark‑ups as high as 200% and rename mattresses so they are hard to compare CHOICE (Australian consumer organisation). In CHOICE's mattress pricing investigation, its shopper negotiated discounts of 43% on average CHOICE (Australian consumer organisation).
Which? warns that retailers sometimes use misleading "was" and "before" prices to claim their deals are good Which? (UK consumer organisation). Which? advises not to rush to buy a mattress just because it is on sale, as there are plenty of discounts through the year Which? (UK consumer organisation). Which? suggests checking historical price data on price comparison sites before the sales and then searching the web, because some retailers' prices are not picked up by price trackers Which? (UK consumer organisation). Which? says it sometimes sees retailers raise prices before Black Friday, Boxing Day and other sales events, so a good price can be hard to judge Which? (UK consumer organisation). Which? says mattress discounts often apply only to certain models, above a set spend, or to new customers, so check the T&Cs Which? (UK consumer organisation).
Practical checks you can do before you buy
Compare the price you would actually pay across several weeks and across different shops, rather than trusting a single "was" price. Ignore countdown timers and "limited time" claims — the CMA says fake urgency is illegal Competition and Markets Authority (UK), GOV.UK. Check the trial and return terms before you commit; a genuine money‑back trial with free return is often more valuable than a claimed discount. Use price comparison sites such as PriceRunner and PriceSpy to check historical price data, then follow up with a web search, because some retailers' prices aren't picked up by trackers Which? (UK consumer organisation). Don't pay the recommended retail price unless you need a mattress immediately — sales are now almost continual CHOICE (Australian consumer organisation).
The bed.chat checklist includes the "was" price as one of ten things to check before you buy, alongside firmness, certifications, foam density, size, frame and warranty, bed height for an older sleeper, trial and returns, UK online cancellation, and warranty sag depth bed.chat. For a personal answer on mattress type, firmness range and size for your country, try Bed Fit on the bed.chat home page — it asks nine quick questions and shows the evidence level for each reason it gives.
Sources
- Advertising Standards Authority (UK)
- Competition and Markets Authority (UK), GOV.UK
- Lewis Silkin LLP (law firm commentary)
- Lewis Silkin LLP (law firm commentary)
- eCFR (US Federal Trade Commission guides)
- Which? (UK consumer organisation)
- CHOICE (Australian consumer organisation)
- CHOICE (Australian consumer organisation)
- CHOICE (Australian consumer organisation)