Should You Have Suffocation Warnings on Your Packaging?

Plastic bags and wrap have potential to result in suffocation. Reflecting this, the U.S. Consumer Product Safety Commission receives about 25 reports each year involving children suffocating due to a plastic bag or wrap.

While the United States has no laws regarding this hazard at the federal level, certain states and select cities have implemented legislation regarding suffocation warning label placement on plastic bags. On a state level, these warnings printed or stuck onto bags have helped decrease child and infant deaths related to suffocation.

Whether you’re shipping or packing items or selling certain wrapped goods in your store, understand when and where you need to add a suffocation warning label and how it should be displayed on the plastic bag.

States and Cities that Require a Suffocation Warning Label on Plastic Bags

As of 2022, five states, including California, Massachusetts, New York, Rhode Island and Virginia, require suffocation warning labels for packages and goods using a 1 mil or thinner plastic bag. New York City and Chicago have also enacted similar legislation.

For shipping goods in North America, realize that Canada has a similar requirement for all types of poly bags packaged with toys. These suffocation warning labels must be printed in both English and French.

Generally, these warning labels are added to products that children may see and attempt to play with. Typically, they are applied to toys, clothing and various household goods. Although requirements vary on a state-by-state level, they typically involve plastic bags 1 mil or thinner and have a five-inch or larger opening. The warning can be printed directly onto the bag or attached via a label.

Not every plastic bag shipped to these areas requires a suffocation warning label. Rather, plastic mailers are exempt, as are food storage and packaging solutions, like Ziploc bags.

State-by-State Requirements

To make sure your business complies, we’ve broken down suffocation warning label requirements by state or city:

·         California: Warning labels must be added to bags with a 25-inch or larger opening, or 125 cubic inch or greater capacity involved in product packaging, sales or delivery. Bags must also not feature cartoons or similar pictorial artwork.

·         Massachusetts: With more comprehensive restrictions compared to other states, Massachusetts requires a suffocation label on full or partial plastic bags measuring 25 or more inches long or wide and with a seven-inch or larger opening. The warning must be added to both sides and needs to be repeated every 20 inches if the bag measures at least 40 inches in length or width.

·         Rhode Island: A suffocation warning label must be added to bags with a five-inch or larger diameter opening. The warning applies to polyethylene bags and other plastic bags used in a domestic capacity.

·         New York: New York’s state requirements mirror those of Massachusetts and apply to bags used in domestic capacities, including for decorations or toys. New York City’s separate law applies to plastic bags used for domestic items and for packaging purposes.

·         Virginia: Plastic and partially plastic dry-cleaning bags measuring 25 inches or longer must have a suffocation warning label.

·         Chicago: Chicago’s law requires a suffocation label for bags with a seven-inch or wider diameter opening used in the home, including for polyethylene bags and for food storage.

Suffocation Warning Label Messaging and Placement

Generally, the requirements above apply to plastic bags and packaging for items weighing under five pounds, with the exception of food. As you think about how to word and use the label:

·         Massachusetts and New York have specific wording requirements. Bags must be printed with: "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."

·         California and Rhode Island allow for alternative language, as long as it similarly conveys the severity of the hazard.

Along with wording, bag size affects the font. For visibility, bags under 25 inches in length must have a suffocation warning in size 10-point font. The font increases to 14-point for bags measuring 25 to 39 inches, 18-point for bags measuring 40 to 59 inches and 24-point for bags 60 inches or longer. Dry cleaning bags, meanwhile, require a 36-point font.

On top of these considerations, marketplaces like Amazon and eBay have separate label requirements for packaging bags used.

With the parameters:

·         The ink used must not be able to smear.

·         Labels shouldn’t disintegrate, become illegible due to moisture or detach in transit.

·         Contrasting colors, layout and typography need to make the label stand out from the rest of the bag or packaging.

·         Labels can be added to the outside of packaging for larger containers or boxes of bags — for instance, on a box of garbage bags.

Not following these regulations can result in a fine or misdemeanor charge, based on the state.

Get a personalized consultation from Packaging HERO® to make sure your 1-mil poly bags, poly mailers and labels fulfill all above requirements. Sign up to get started or contact us today to learn more.