Suffocation Warnings: Legal Packaging Requirements in 2024

Suffocation Warnings Packaging Requirements: Legal Guidelines

Summary: What Your Brand Needs to Know

• What Packaging Requires a Warning? Various state and city regulations require flexible film packaging that is 1 mil or less thick to carry suffocation warnings. On the other hand, Amazon FBA requires sellers to use poly bags that are at least 1.5 mil thick, and all poly bags (regardless of thickness) must have a suffocation warning.

• What Sales Channels and Locations Require a Warning? If you sell across the USA, North America or globally, or through Walmart, Target, or other national retailers, your optimal strategy is to put a suffocation warning on all of your plastic and poly bags that are 1 mil or less in thickness, to comply when you ship to the five states, multiple cities, and many countries that require this. If you sell through Amazon FBA, opt for poly bags that are 1.5 mil or thicker, and put a suffocation warning on all of them. If you sell through a single independent location and/or never sell or ship into one of the states, cities, countries or retailers listed below as having a requirement, you can consider skipping the suffocation warning.

• What Does the Suffocation Warning Need to Say? There is no standard required copy. Language must, however, contain a clearly marked "WARNING" or "CAUTION" to grab attention; a risk statement indicating that these bags can be dangerous and can cause suffocation, an emphasis that the bag should be kept away from babies, children, and infants; and instructions to dispose of the bag properly away from childrens’ reach. The following commonly accepted copy meets the requirement: Warning: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages, or playpens. This bag is not a toy.

• What are the Text Size and Language Requirements? The minimum font size required varies from 10pt to 36pt, depending on the bag size. See the table below for details. Amazon and US-based regulations only require that the warning be in English. Quebec requires French warnings, and EU countries require multiple languages. Brands with a global reach should consider adding the language in English, French, and Spanish.

Read on for details or give us a call. We’d love to help you make the best sustainable packaging decisions possible.

Need Poly Bags with a Suffocation Warning?

Poly Bags with Seal

Adhesive closure. Available with suffocation warning. 100% post-industrial waste. Manufactured in USA. Warning copy written in English, Spanish, and French.

Available in 7 sizes

Ready to ship  |  Min. 200 units
Customizable  |  Request a quote

Poly Bags with Zipper

Zipper closure. Available with suffocation warning. 100% post-consumer waste. Manufactured in China. Warning copy written in English.

Available in 5 sizes

Ready to ship  |  Min. 200 units
Customizable  |  Request a quote

Inline Poly Bags

For enterprise brands. Up to 100% recycled content. Manufactured and distributed where needed. Custom suffocation warning, bag size, mil thickness, and design.

Available in custom sizes

Completely customized
Min. 15,000 units  |  Request a quote

Suffocation Warnings: Which States and Cities Have Legislation?

In the United States, five states (Massachusetts, California, New York, Rhode Island, and Virginia) and two major cities (New York City and Chicago) currently have legislation in place regarding suffocation warnings on poly bags. 

At least a dozen US cities have also adopted similar legislation (including Avondale, AZ; Big Stone Gap, VA; East Baton Rouge Parish, LA; Flagstaff, AZ; Gering, NE; Norton, VA; Prince William County, VA; Saint Louis County, MO; South Bend, IN; South Hill, VA; Stamford, CT; and Weatherford, TX). 

Canada has also enacted similar legislation.

Legislation across all states and cities applies only to bags that are 1 mil or less. 1 mil = 0.001 inches. Note that all of EcoEnclose's poly bags 1.5 mil, making them thick enough that the state and municipal legislation does not technically apply to them. 

Each state / city has its own unique legislation on how big the bag needs to be before a suffocation warning is required and the scope of the bags use. 

The following table details size, scope and exclusions for state and major cities which this regulation in place.

Suffocation Warnings: Copy, Text Size, and Language Requirements

States and cities have differences in the specific language they suggest using as a suffocation warning, but the following warning is accepted by all.

Warning: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages, or playpens. This bag is not a toy.

States and local laws also vary with respect to the font size required for suffocation warnings, but the following guidelines should satisfy most major cities and states.

In general, the Massachusetts law is the most comprehensive and restrictive, and requires that any language, other than the warnings specifically provided by the statute, have government approval. In addition, Massachusetts requires that the warning must appear on both sides of the bag and be repeated at 20-inch intervals for bags whose length and width are more than 40 inches.  Learn more here.

Amazon FBA Requirements Related to Poly Bags and Suffocation Warnings

Fulfillment by Amazon is becoming popular for many ecommerce companies.

With Amazon FBA, your orders are fulfilled by Amazon for a fee that covers storage and order handling.  Amazon has a host of packaging requirements companies need to keep in mind when using the FBA service. These requirements dictate how ecommerce companies must package their goods in bulk when delivering them to the Amazon warehouse.

Because Amazon packages and sends these goods out themselves (with their own sourced and branded boxes and mailers), these packaging requirements do not relate to outer containers or shipping packages.

Many companies send items to Amazon warehouse in a large wholesale shipping box, individually packaged and separated in  clear plastic bags. These poly bags protect goods when they are being stored in Amazon's warehouse and allow for easier picking (versus if goods were not individually packaged in these bags). Products remain in those poly bags when they are being shipped out to end customers.

So for example, if you sell t-shirts and fulfill orders through Amazon FBA, you would send cases of t-shirts to Amazon in wholesale shipping boxes, with each t-shirt individually packaged in a poly bag. When Amazon is fulfilling an order that contains one of your products, their pickers will pick and pack the t-shirt within the poly bag, adding this bag to the outbound box or mailer.

Amazon has strict requirements in place for these poly bags in order to facilitate smooth operations within their warehouse and protect themselves from any liability. Poly bags used to protect units must meet the following requirements:

• The thickness of the poly bag must be at least 1.5 mil (thousandth of an inch).

• Poly bags must be transparent.

• Poly bags with a 5-inch opening or larger (measured when flat) are required to have a suffocation warning, either printed on the bag itself or attached as a label. Failure to apply a suffocation warning may lead to the items being re-bagged.

• The suffocation warning should be printed or placed in a prominent location and in a legible font size for the size of the bag.

• The poly bag must have a barcode (UPC, EAN, etc.) or X00-label that is scannable through the bag or have an X00- or ASIN-label on the outside of the bag.

• Poly bags must be completely sealed.

• Poly bag or shrink wrap must not protrude more than 3" past the dimensions of the product.

Other Merchant or Marketplace Requirements

Currently, neither eBay nor Etsy have their own requirements in place related to suffocation warnings as these are marketplaces through which merchants sell and fulfill their own orders (and therefore own any liability related to their packaging).

Other online retailers, such as Target and Walmart, which store and fulfill goods within their own warehouse, do have requirements in place.  Target's packaging standards for hard goods requires all poly bags to have a suffocation warning with a font size of at least 20-point. Walmart requires plastic bags with a thickness 1 mil or less and an opening size of five inches or more to have a warning.

What Does This Mean for EcoEnclose Customers?

EcoEnclose offers four poly packaging options:

Poly Mailers

Outer packaging. Thin-film recyclable, tear strip for easy opening, and a second adhesive strip for reuse. 100% recycled, 50% post-consumer waste. Manufactured in USA. No suffocation warning.

Available in 8 sizes and 2 colors

Ready to ship  |  Min. 100 units
Customizable  |  Min. 500 units

Bubble Mailers

Outer packaging. Thin-film recyclable, tear strip for easy opening, and a second adhesive strip for reuse. 50% recycled, 10% post-consumer waste. Manufactured in USA. No suffocation warning.

Available in 4 sizes

Ready to ship  |  Min. 25 units
Customizable  |  Request a quote

Poly Bags with Seal

Inner packaging. Protect items from dust, dirt, moisture, and scratching. Adhesive closure.  Available with suffocation warning. 100% post-industrial waste. Manufactured in USA. Warning copy written in English, Spanish, and French.

Available in 7 sizes

Ready to ship  |  Min. 200 units
Customizable  |  Request a quote

Poly Bags with Zipper

Inner packaging. Protect items from dust, dirt, moisture, and scratching. Zipper closure. Available with suffocation warning. 100% post-consumer waste. Manufactured in China. Warning copy written in English.

Available in 5 sizes

Ready to ship  |  Min. 200 units
Customizable  |  Request a quote

Our poly mailers and bubble mailers are 2.5 mil and designed for outer shipping packages rather than protective packaging for warehousing and fulfillment. Therefore,  our poly mailers and bubble mailers are not subject to state, city, Amazon FBA, Target, or Walmart suffocation warning requirements.

Our poly bags  are designed for inner protective packaging for warehousing and fulfillment. Therefore, poly bags with a suffocation warning are required if you are using them as part of your Amazon FBA strategy. The suffocation warning can be printed directly on the bag or conveyed via Amazon FBA approved labels.

Our poly bags are 1.5 mil. As such, they are not technically subject to state and city suffocation warning requirements. However, recognizing that these laws exist to protect your customers and their children, we know you may decide to proactively incorporate these warnings onto these bags anyway.

Contact us f you have questions about these requirements, or are looking for custom poly bags with suffocation warnings.

Additional Sources

• Bag Suffocation Warning: US State & Amazon Seller Requirements
• California Legislative Information: CHAPTER 13. Polyethylene Plastic Materials [22200 - 22205]
• Mass.gov 105 CMR: DEPARTMENT OF PUBLIC HEALTH 105 CMR 630.000: PLASTIC BAGS AND PLASTIC FILM
• New York Codes, Rules, and Regulations: Section 12.12 - Warning label required on certain plastic material
• Justia US Law: 2012 Rhode Island General Laws Title 11 - Criminal Offenses Chapter 11-9 - Children Chapter 11-9-16 - Plastic bags – Labeling.
• LIS Virginia Law: § 18.2-320. Sale, etc., of plastic bags; warning required.
• American Legal Publishing: CHAPTER 7-28 HEALTH NUISANCES
• NOLO Criminal Defense Lawyer: California Misdemeanor Crimes and Sentences
• Thomas M. Wilson: Misdemeanors in Virginia
• Ebay User Agreement
• Walmart Seller Help: WFS Inbound Orders: Labels