Bag suffocation warnings are mandatory in several major U.S. states, including New York and California, as well as on platforms like Amazon. These warnings are critical for ensuring customer safety, particularly for children, and are often required to be printed directly on poly bags. Beyond the U.S., Canada also enforces similar regulations, requiring suffocation warnings to comply with local laws.
In this guide, we’ll explain everything small businesses and U.S. brands need to know about suffocation warning requirements. From mandatory texts and placements to exemptions and penalties, we’ll provide a comprehensive overview to help you stay compliant globally. Whether you’re selling locally, shipping to Canada, or expanding to the EU, this guide will ensure your packaging meets all safety standards.
Are Bag Suffocation Warnings Mandatory in the United States?
Suffocation warning labels on plastic bags are not universally required across the U.S., but specific states and cities enforce regulations to protect children from potential hazards. These warnings are crucial for businesses shipping products to areas with such requirements, especially if the bags are large enough to pose a choking or suffocation risk.
States and Cities Requiring Suffocation Warnings
Here’s a quick breakdown of U.S. states and cities with suffocation warning label regulations:
Location |
Bag Size Requirements |
Scope |
Exclusions |
Opening > 25 inches or capacity ≥ 125 cubic inches |
Bags sold, delivered, or used for packaging articles |
Bags exclusively for industrial purposes |
|
Length + width ≥ 25 inches; opening ≥ 7 inches |
Plastic bags for domestic use or designed as toys |
None |
|
Length + width ≥ 25 inches; opening ≥ 7 inches |
Plastic bags for domestic use or designed as toys |
None |
|
Opening > 5 inches |
Polyethylene bags used in households |
Bags for food products weighing ≤ 5 pounds |
|
Length ≥ 25 inches |
Plastic bags containing freshly cleaned clothing |
None |
|
Chicago, IL |
Opening > 7 inches |
Polyethylene bags used in households |
Bags for food products weighing ≤ 5 pounds |
New York, NY |
Length + width ≥ 25 inches; opening ≥ 7 inches |
Plastic bags for domestic use or designed as toys |
None |
Global and Regional Considerations
For businesses shipping goods internationally, it’s important to note that similar regulations exist outside the U.S. For example:
- Canada: Requires suffocation warnings on poly bags packaged with toys, printed in both English and French.
- European Union (EU): Mandates warnings in multiple languages depending on the country.
Are Bag Suffocation Warnings Mandatory When Selling Brick-and-mortar Stores?
When selling products offline across the U.S. or internationally, bag suffocation warnings are not always mandatory. However, businesses are encouraged to include them as a proactive measure to ensure safety and compliance with local regulations.
Key Considerations for Offline Sellers
- Varying Regulations Across Locations
In the U.S., suffocation warnings are required in specific states and cities (e.g., California, New York, Chicago). Regulations focus on plastic bags that are thin, large, or pose risks to children.
- Retail Partners' Requirements
National retailers like Walmart, Target, and others may impose their own guidelines. Target’s packaging standards for hard goods mandate that all poly bags include a suffocation warning printed in a font size of at least 20 points. Walmart requires suffocation warnings on plastic bags that are 1 mil thick or less and have an opening of five inches or larger.
Are Bag Suffocation Warnings Mandatory When Selling on Amazon?
Poly bags with a 5-inch opening or larger (measured when flat) must have a suffocation warning, either printed on the bag or attached as a label. Failure to apply a suffocation warning may lead to the items being re-bagged.
- Printed Warnings: Permanent, professional, and save time during packaging since the warning is already integrated.
- Label Warnings: Flexible for different packaging needs and suitable for businesses handling smaller runs or multiple bag types.
Amazon’s Suffocation Warning Requirements
To sell on Amazon, your poly bags must meet the following conditions:
- Mandatory Warnings
Suffocation warnings must be printed directly on the bag or attached as a visible label.
Amazon provides an example warning text but you can use your own:
"Warning: To avoid danger of suffocation, keep this bag away from babies and children. Do not use this bag in cribs, beds, carriages, or playpens. This bag is not a toy."
- Language Requirements
The warning must be in English for U.S. sales.
For international markets like Quebec (Canada), warnings must include French, and multi-language warnings (English, French and Spanish)are recommended for global sellers.
- Font Size Guidelines
The size of the warning text must match the total dimensions of the bag (length + width).
Bag Dimensions (L + W) |
Minimum Font Size |
60 inches or more |
24 point |
40–59 inches |
18 point |
30–39 inches |
14 point |
Less than 29 inches |
10 point |
- Bag Specifications
- Thickness: Bags must be at least 5 mil.
- Transparency: Bags must be clear for easy product identification.
- Barcode Requirements: Bags must feature a scannable barcode (UPC, EAN, or X00-label) or have the label applied externally.
- Seal: Poly bags must be completely sealed.
- Compact Packaging:Poly bag or shrink wrap must not protrude more than 3" past the dimensions of the product. For example, when packaging an item, the excess plastic edges around the product (protruding parts) after sealing must not exceed 3 inches in any direction. This ensures the packaging fits snugly to the product, avoids unnecessary excess material, and maintains a professional appearance.
Consequences of Non-Compliance
Failing to include suffocation warnings on required plastic bags can lead to serious consequences, both on Amazon and under U.S. state laws. Here’s what could happen:
- Amazon Penalties
Repackaging Fees: Amazon may repackage your products with compliant bags, charging you additional fees.
Inventory Rejection: Non-compliant items may be rejected and returned, causing delays in fulfillment.
Account Suspension: Repeated violations can result in suspension or termination of your seller account.
- Legal Penalties by State
California: Violators are guilty of a misdemeanor, punishable by:
- Up to 1 year in county jail.
- A fine of up to $1,000.
- 3–5 years probation.
Massachusetts: Penalties include:
- A fine of up to $100for the first offense.
- A fine of up to $500for subsequent offenses.
Virginia: Non-compliance is classified as a Class 3 misdemeanor, punishable by a fine of up to $500.
Rhode Island: Violators face fines of up to $100.
What IMailer Offers Our Customers
At IMailer, we understand the importance of safe, compliant, and high-quality packaging solutions for small businesses. Our product line is designed to meet the diverse needs of eCommerce sellers and retailers while ensuring compliance with Amazon and U.S. safety regulations.
IMailer offers five poly packaging options:
Clear Cellophane Bags
Clear Cellophane Bags
- Crystal Clear & Durable: Perfect for showcasing and protecting your products from dust and damage.
- Ideal Uses: Great for small items like jewelry, crafts, and apparel.
Suffocation Warning Bags
- Amazon-Compliant: These 1.6 mil thick bags meet all suffocation warning requirements, including text in English, French, and Spanishfor global compatibility.
- Ready-to-Use: Pre-printed warnings ensure you stay compliant with U.S., Canadian, and European standards.
- Perfect Fit: Suitable for shipping clothing, toys, and other products requiring safety labeling.
Poly Mailers and Bubble Mailers
- Lightweight & Durable: Designed to protect products during shipping without adding extra weight, saving you on shipping costs.
- Outer Shipping Protection: These mailers are ideal for packaging goods for transit rather than warehouse storage.
Zip Lock Bags
- Secure & Easy-to-Use: Feature a high-quality zip closure that is easy to open and close, providing quick and reliable packaging without the need for tape or other tools.
- Versatile: Great for packaging food, small items, or products that require frequent access.
Can You Count on IMailer for Correct Suffocation Warnings?
Yes! IMailer tracks all relevant packaging regulations to ensure:
- Correct Bag Sizes and Thickness: Bags meet minimum size and thickness requirements (e.g., 1.5 mil for Amazon).
- Clear and Compliant Text: Suffocation warnings are pre-printed with correct font sizes, placement, and visibility standards.
- Global Compatibility: Warnings include multi-language text to cater to Amazon, U.S., and international markets.
IMailer is your trusted partner for safe and compliant packaging solutions. Whether you're shipping locally or globally, we’ve got you covered.
Conclusion
Suffocation warning poly bags are a critical aspect of packaging for small businesses, ensuring safety, compliance, and professionalism. Throughout this guide, we've explored why these warnings are mandatory in various states and for platforms like Amazon, the consequences of non-compliance, and how proactive measures can protect both your customers and your business.
IMailer simplifies packaging compliance by offering high-quality, affordable solutions tailored to meet legal standards and customer needs. From suffocation warning bags to poly mailers and zip lock bags, our products are designed to make packaging safe, reliable, and cost-effective. Whether you're selling locally or globally, online or offline, IMailer is your trusted partner for compliant, efficient packaging.