Is It Illegal to Sell Expired Car Seats

Selling expired car seats is not only unsafe—it may also be illegal in many U.S. states and violate federal consumer protection guidelines. Expired seats can fail in crashes due to degraded materials, putting children at serious risk. Always check expiration dates and dispose of old seats properly.

Key Takeaways

• Car seats expire for safety reasons: Materials degrade over time, reducing crash protection.
• Selling expired car seats may be illegal: Several states have laws banning the sale or donation of expired or recalled seats.
• Federal guidelines discourage resale: The NHTSA advises against using expired seats, even if not outright illegal federally.
• Expiration dates are clearly marked: Look for a label on the seat (usually 6–10 years from manufacture).
• Recycle or destroy expired seats: Prevent reuse by cutting straps and breaking plastic before disposal.
• Secondhand seats require caution: Only buy used if you know its history, age, and recall status.
• Retailers can face liability: Selling expired seats may lead to lawsuits or fines under consumer protection laws.

Is It Illegal to Sell Expired Car Seats? A Complete Guide for Parents and Sellers

Imagine this: You’re cleaning out the garage and find your old infant car seat—still in decent shape, barely used. You think, “Maybe I can sell this online and help another family save money.” It sounds practical, even generous. But before you list it on Facebook Marketplace or eBay, there’s a critical question you need to ask: Is it illegal to sell expired car seats?

The short answer? In many cases, yes—it’s either explicitly illegal or strongly discouraged by safety regulators. Car seats aren’t like books or toys. They’re life-saving devices designed to protect children in the event of a crash. And like any safety equipment, they have a limited lifespan. Over time, exposure to heat, sunlight, and regular use can weaken the plastic, fray harness straps, and compromise the structural integrity of the seat. That’s why every car seat comes with an expiration date—typically six to ten years from the manufacture date.

But legality isn’t just about federal rules. State laws vary, and some jurisdictions have strict regulations against selling or donating expired car seats. Even if it’s not technically illegal everywhere, doing so can expose you to liability if a child is injured while using a seat you sold. This article will walk you through the legal landscape, safety concerns, and best practices for handling expired car seats—so you can make informed decisions that keep kids safe and keep you out of legal trouble.

Why Do Car Seats Expire?

You might wonder, “If the seat looks fine, why does it matter if it’s a few years old?” The truth is, car seats expire not because they suddenly stop working on their expiration date, but because their ability to protect a child in a crash diminishes over time. Think of it like sunscreen or medication—just because it hasn’t changed color or smell doesn’t mean it’s still effective.

Material Degradation Over Time

Car seats are made from a combination of plastics, metals, fabrics, and foams—all of which degrade with age. Exposure to extreme temperatures (like sitting in a hot car all summer or freezing in a garage winter) accelerates this process. UV rays from sunlight can cause plastic to become brittle, while moisture and humidity can weaken fabric and padding. Even if the seat hasn’t been in an accident, these environmental factors silently compromise its strength.

Technological Advancements

Car seat technology evolves rapidly. Newer models offer better side-impact protection, improved harness systems, and enhanced compatibility with modern vehicles. An expired seat may not meet current safety standards, even if it was top-of-the-line when new. For example, seats manufactured before 2002 may lack critical safety features like LATCH (Lower Anchors and Tethers for Children) systems, which make installation safer and more secure.

Recall and Safety Updates

Another reason for expiration is the risk of undiscovered recalls. Manufacturers issue recalls for defects that could affect performance in a crash. If a seat is past its expiration date, it’s more likely that any recall information has been missed or forgotten. Selling an expired seat means passing on a product that may have unresolved safety issues.

Real-World Example: The Graco 2014 Recall

In 2014, Graco recalled over 3.7 million car seats due to defective harness buckles that could be difficult to open in an emergency. Many of these seats were still in use years later—some even past their expiration dates. Parents who unknowingly purchased or used these seats put their children at risk. This case highlights why knowing a seat’s history and age is so important.

Federal Guidelines on Expired Car Seats

While there is no federal law that outright bans the sale of expired car seats, the National Highway Traffic Safety Administration (NHTSA) strongly advises against using or selling them. The NHTSA is the primary federal agency responsible for vehicle and child passenger safety in the United States, and its recommendations carry significant weight.

NHTSA’s Official Stance

The NHTSA states that car seats should not be used after their expiration date because “the materials may degrade over time and the seat may not perform as intended in a crash.” They recommend checking the manufacturer’s label for the expiration date and replacing the seat once it expires—even if it appears undamaged.

No Federal Ban, But Strong Warnings

Unlike some countries (such as Canada, where selling expired car seats is illegal), the U.S. does not have a nationwide law prohibiting the sale of expired seats. However, the NHTSA encourages consumers to treat expiration dates seriously. They also advise against buying used car seats unless you can verify the seat’s age, history, and recall status.

Consumer Product Safety Commission (CPSC) Role

The CPSC oversees the safety of consumer products, including car seats. While they don’t regulate expiration dates directly, they enforce mandatory safety standards and manage recalls. If a seller knowingly sells a defective or expired seat that causes injury, they could potentially face action under consumer protection laws, even if no specific law bans the sale.

Practical Tip: Check the Label

Every car seat sold in the U.S. must have a label with the manufacture date and expiration date. This is usually found on the bottom or back of the seat. If the label is missing or illegible, the seat should not be used or sold. Always verify this information before purchasing or listing a used seat.

State Laws: Where Is It Illegal to Sell Expired Car Seats?

While federal law doesn’t ban the sale of expired car seats, several states have taken matters into their own hands. These laws are designed to protect children and hold sellers accountable. If you’re planning to sell a used car seat, it’s essential to know your state’s regulations.

States with Explicit Bans

As of 2024, the following states have laws that prohibit the sale, donation, or distribution of expired or recalled car seats:

• California: It is illegal to sell or donate a car seat that is expired or has been recalled. Violators can face fines.
• New York: Selling or giving away an expired or recalled car seat is prohibited. The law applies to both individuals and retailers.
• Texas: While not a complete ban, Texas requires that used car seats sold or donated must not be expired or recalled. Sellers must disclose this information.
• Illinois: It is illegal to sell or donate a car seat that is past its expiration date or subject to a recall.
• Washington: The state bans the sale or donation of expired or recalled car seats, with penalties for non-compliance.

States with Partial Restrictions

Other states have laws that require disclosure but don’t outright ban the sale. For example:

• Florida: Sellers must disclose if a car seat is expired or recalled, but it’s not illegal to sell it.
• Ohio: No ban, but the state encourages proper disposal and warns against using expired seats.

Why These Laws Exist

These laws are rooted in public safety. Lawmakers recognize that expired car seats pose a real risk to children, and that many parents may not know how to check for expiration dates or recalls. By banning the sale of expired seats, states aim to reduce the number of unsafe seats in circulation.

What Happens If You Break the Law?

Penalties vary by state but can include fines, confiscation of the seat, or even misdemeanor charges in extreme cases. For example, in California, violating the car seat law can result in a fine of up to $100 for a first offense. Repeated violations may lead to higher penalties.

Tip: Check Your Local Laws

Before selling a used car seat, visit your state’s Department of Transportation or Health website to review current regulations. Laws can change, so it’s important to stay updated.

The Risks of Selling Expired Car Seats

Even in states where it’s not illegal, selling an expired car seat carries significant risks—both legal and ethical. You could be putting a child’s life in danger, and you might face consequences if something goes wrong.

Liability and Legal Exposure

If you sell an expired car seat and a child is injured in a crash while using it, you could be held liable—especially if you didn’t disclose the expiration date or recall status. While it’s rare for private sellers to be sued, it’s not impossible. In a worst-case scenario, a lawsuit could result in financial damages or criminal negligence charges.

Ethical Responsibility

As a seller, you have a moral obligation to ensure the products you sell are safe. Selling an expired car seat—even unknowingly—puts a child at risk. It’s not worth the few dollars you might make from a sale. Remember: this isn’t a used book or a piece of furniture. It’s a safety device designed to protect a life.

Damage to Reputation

If you sell on platforms like Facebook Marketplace, Craigslist, or eBay, a negative review or public complaint about an expired seat can harm your reputation. Other parents may avoid buying from you in the future, and the platform could suspend your account.

Real-Life Consequence: A Parent’s Story

One mother in Ohio bought a used car seat from a neighbor, unaware it was 12 years old. The seat had no visible damage, but during a minor fender bender, the harness buckle failed to release quickly, delaying emergency responders. Fortunately, the child was unharmed, but the incident could have been tragic. The mother later learned the seat was expired and had been recalled years earlier—information the seller never disclosed.

How to Safely Dispose of Expired Car Seats

If your car seat is expired, the best course of action is to dispose of it properly—not sell it. But simply throwing it in the trash isn’t enough. You need to make sure it can’t be reused by someone else.

Destroy the Seat Before Disposal

To prevent others from using an expired seat, you should render it unusable. Here’s how:

• Cut the harness straps: Use scissors or a knife to sever all straps, including the buckle.
• Break the plastic shell: Use a hammer or drill to crack the main body of the seat.
• Remove fabric covers: Tear or cut the padding and fabric so it can’t be reused.
• Write “EXPIRED” on it: Use a permanent marker to clearly label the seat as expired.

Recycling Options

Some communities offer car seat recycling programs. These programs dismantle the seat and recycle the plastic, metal, and fabric. Check with your local waste management agency or visit Earth911.com to find a recycling center near you.

Manufacturer Take-Back Programs

A few car seat manufacturers, like Graco and Britax, offer recycling or trade-in programs. You may receive a discount on a new seat in exchange for returning your old one. These programs ensure the seat is properly recycled and not resold.

Don’t Donate Unless It’s Safe

If you want to help another family, consider donating a new or gently used seat that is not expired and has no recall history. Many charities, hospitals, and fire departments accept car seat donations—but only if they meet safety standards.

Buying Used Car Seats: What You Need to Know

Just as sellers have responsibilities, buyers must also be cautious. If you’re considering a used car seat, here’s what to look for to ensure it’s safe.

Check the Expiration Date

Always ask for the manufacture and expiration dates. If the seller can’t provide them, walk away. A missing label is a red flag.

Verify Recall Status

Use the NHTSA’s recall lookup tool (nhtsa.gov/recalls) to check if the seat has been recalled. Enter the model number and manufacture date to get results.

Inspect for Damage

Look for cracks in the plastic, frayed straps, loose parts, or signs of wear. Even small cracks can weaken the seat in a crash.

Know the Seat’s History

Ask if the seat was ever in an accident. Even minor crashes can damage internal structures. If the seat was in a crash, it should not be used—even if it looks fine.

Avoid Online Marketplaces for Used Seats

While convenient, platforms like eBay or Facebook Marketplace make it hard to verify a seat’s history. If you must buy used, meet in person, inspect the seat, and ask for documentation.

Conclusion: Safety First, Always

So, is it illegal to sell expired car seats? In many states, yes—and in all cases, it’s a risky and potentially dangerous decision. Car seats are not ordinary consumer goods. They are critical safety devices that protect our most vulnerable passengers. Selling an expired seat, even with good intentions, can have serious consequences.

The bottom line is simple: if a car seat is past its expiration date, it should not be sold, donated, or used. Instead, destroy it and dispose of it properly. If you’re looking to save money on a car seat, consider buying a new one from a reputable retailer or taking advantage of manufacturer discounts and recycling programs. Your child’s safety is worth the investment.

Remember, when it comes to car seats, expiration dates exist for a reason. Don’t ignore them. Don’t risk it. Keep your kids safe—and stay on the right side of the law.

Frequently Asked Questions

Is it illegal to sell expired car seats in the U.S.?

There is no federal law banning the sale of expired car seats, but several states—including California, New York, and Illinois—have laws that make it illegal to sell or donate expired or recalled seats. Always check your state’s regulations before selling.

How long do car seats last before they expire?

Most car seats expire 6 to 10 years from the manufacture date. The exact expiration period is listed on a label on the seat. Never use a seat past its expiration date, even if it looks fine.

Can I donate an expired car seat to charity?

No. Most charities will not accept expired or recalled car seats due to safety and liability concerns. Always check with the organization first, but it’s best to dispose of expired seats properly.

What should I do with an expired car seat?

Destroy the seat by cutting the straps, breaking the plastic, and removing fabric. Then recycle it through a local program or dispose of it in the trash. Do not leave it where others might reuse it.

Can I be sued for selling an expired car seat?

While rare, it’s possible. If a child is injured using a seat you sold and you failed to disclose it was expired or recalled, you could face legal action under consumer protection or negligence laws.

How can I tell if a used car seat is safe to buy?

Check the expiration date, verify there are no recalls, inspect for damage, and ask if it was ever in an accident. Only buy from trusted sources and avoid seats with missing labels or unclear histories.