Mattress Delivered has a different composition than the one tried in the store

I recently purchased a Therapedic 13 inch foam mattress. I loved the one in the store and did try it several time prior to purchasing it (and have gone back to the store several times since then to try it as well). The mattress that they delivered has several tag inconsistencies and the mattress is significantly softer in feel. At first I thought that the difference may be that the store demo was on an adjustable base and mine is on the base that is provided by the manufacturer, however that was until I compared the tags. The mattress in the store is 64% Polyurethane Foam Pad and 35% Viscoelastic Polyurethane Foam Pad the mattress delivered is 57% Polyurethane Foam Pad and 42% Viscoelastic Polyurethane Foam Pad in addition the prototype numbers are different as is the model (the store model is and “Eco Gel 13” and mine is a “13” Eco Gel 2"). Also not surprising is that mine was manufactured 3/20/2015 and the store version was manufactured 9/25/2014.

I have spoken with my sales person who has been in contact with the customer service manager at their headquarters about the issue. The customer service manager indicated that they are the same mattress and that each “batch” of foam would have a different composition. This is a ridiculous comment from customer service…they are not the same mattress…that is why the tags are on there in the first place (among other reasons). I have photographs of both sets of tags.

They have offered to swap it out with another one from the warehouse, but can’t guarantee that I will get the one that they have on the floor in the stores (yes this is the same model that they have in all of their many locations). I indicated that demoing one product and delivering another with a different composition is unethical and likely illegal to which the sales person replied …I am not saying that I don’t agree with you, but that is what customer service has told me (I feel my sales person is really trying to help). Please provide any comment or advice that you may have on the differences in composition of the two mattresses and demoing one mattress in the store, but delivering another. Also suggested recourse… my thoughts are to connect with the customer service manager directly (as suggested by my sales person) and depending on the that interaction, I may proceed on to the BBB and NYS Attorney General Office of Consumer Fraud. I paid $1700 for this mattress and I just want the same one that I demoed in the store as it is firmer than the one that they delivered…

Andie I am having the same exact problem although in reverse (the bed delivered was firmer than the one in the store). Last weekend, I bought the Simmons Beautyrest World Class Recharge Shakespeare Luxury Plush, and I got it at a Sl***ys in Manhattan. Besides not sleeping the first night, I woke up with severe back and hip pain. I called Customer Service right away and they said I should go into the store and pick another mattress. I also noticed, like in your case, the %'s on the tag on my bed are different from the one in the store. I was told the one in the store had been broken in, and I needed to give it some time. Also was told the Queen in the store would have different %'s than the Full I got. And some other fishy-sounding excuse about how the foam reacts in a warm warehouse vs in my cooler bedroom. I also got them to agree to do a free swap of the model I have for another one. But I haven’t taken them up on it yet. Now, after giving this mattress a full week, I really just want a full refund. Since you are talking about going to the BBB and NYS Attorney General, assuming you bought from the same place, we should probably team up.

Hi Andie,

The two mattresses are clearly different with different designs and the “proof” is in the tags which should show the same percentage of materials and the same name and prototype in both mattresses. I believe that most if not all of the Therapedic licensees changed their model lineup and are no longer making the original Ecogel models which have been replaced.

I agree that this is a ridiculous comment and is complete nonsense.

Since they are no longer making the old model someone may need to physically check the law tags and see if there are any of the old model available in the warehouse. IMO … if they can’t provide you with the correct mattress then they should give you a refund.

There is no doubt that they should change out their floor models so that they are the same as the mattresses that they are currently delivering. I would also insist that they physically check before any delivery to make sure that any mattress that they deliver is the right one and let them know that you will check the law tag with any delivery and refuse it if it isn’t.

I would do just as you are doing and talk with either the store manager or the next level up (possibly a regional manager) and be polite but firm that the only acceptable solution for you would either be the mattress that you thought you were purchasing or a full refund.

While a BBB complaint may be worthwhile … I would definitely let them know that you also intend to contact the Attorney General’s office which may have more “teeth” than the BBB (which is just a private organization) and if necessary you could also pursue legal action if there are no other options. If you paid with a credit card it may also be worthwhile to check with them and explain the circumstances to see if you can reverse the charges.


Hi Phoenix - just to clarify - I was only replying to Andie…I just posted my own problem, and attached copies of the store vs delivered tags. Would love your thoughts here as well. (And thank you for active responses - I emailed the guy from Sleep Like the Dead and never got a response.) This should take you there:

Hi suzan,

Oops … I addressed my reply to you instead of to Andie which I’ve now corrected.

I’ve also replied to your posts in the other topics you have posted in as well. I usually reply to posts in the order that they currently show on the forum so I would normally reply to a topic where the last post is earlier before a topic where the last post is later in the day but I normally reply to all the forum posts that have questions I can answer by the end of each day.


It is common for manufacturers to make running changes of their lines, but it is the responsibility of the retailer to then change out the floor model to accurately represent the item you are purchasing. I recommend that you ask your retailer if they guarantee that they will only provide the exact item that you tried on the showroom floor and if they have this guarantee posted somewhere.

It is true that the EcoGel line went to the new EcoGel2 line a year or so ago and the beds are quite different. Additionally, Therapedic (like many mattress companies) does allow licensees some flexibility in the line that they produce, so I can’t speak to the item you tested/received.

While there is always some slight variation from mattress to mattress (foams will vary in feel, even within the same batch), the mattress you receive at home will usually feel a bit firmer than the showroom model, as it has not been used yet and the foams/cover/stitching are all still quite stiff.

What you have received and the evidence you have provided is a cause for concern and I would ask for the exact model that you tried out in the store, the floor model itself, or a refund.

Phoenix and Mattress to Go…

Thank you both for your insightful responses. I have reached out to the customer service department in an effort to resolve prior to proceeding with the NYS Attorney General Office of Consumer Fraud and BBB.


My purchase was made at Metro Mattress in Victor NY… unfortunately not the same retail outlet as your purchase…I wish you the best of luck seeking resolution…

I will update this post with the outcome of my complaint…

Best regards to all…

Hi Andie,

I hope you are able to resolve your issues by talking with customer service without having to escalate it to more “serious” levels.

Good luck and I’m looking forward to finding out what they say.