Our tees and underwear ship in clear poly bags. Do the bags need a suffocation warning?
Several US state laws require a suffocation warning on thin plastic bags above a certain size. Check the bag thickness and opening size, and print the warning on the bag.

We pack folded tees and underwear in clear polyethylene bags with a barcode label. A retail buyer asked whether our bags carry the required suffocation warning. How do we find out, and what should it say?
Main answer
Thin plastic bags can cling to a child’s nose and mouth, which is why several US states require a printed suffocation warning on them. Two examples from public law show how it works. Both apply by bag size and film thickness, so the first step is to measure your bags, not to assume they are exempt or covered. This is general information, so confirm the rules for each state and retailer you sell into.
What the examples say
Rhode Island law requires a warning on polyethylene bags intended for household use or for packaging household articles, with an opening larger than five inches, made of film less than one mil (0.001 inch) thick. The New York State rule applies to plastic bags intended for domestic or household use, or for packaging household articles, where length plus width totals 25 inches or more, the opening is seven inches or more, and the film is less than one mil thick.
What the warning says
The New York text reads: “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 play pens.” It must be printed in a prominent place on the bag or on a label securely attached, in legible type that contrasts with the contents and other printing. Both rules also set minimum type sizes that rise with bag size.
Check your own bags
Ask your packaging supplier for the film thickness of each bag, the opening size and whether a suffocation warning is already printed. A thicker bag may fall outside these rules, but keep a record of the thickness. If the bag is thinner and large enough, print the warning on the bag or on a label that cannot fall off. Check that the type size fits the table for your bag size.
Retailers and marketplaces
Large retailers and marketplaces such as Amazon publish their own packaging and prep rules, which can be stricter or different from state law. Ask your buyer for the current rule and follow the stricter. Do not assume a rule found on one site is current; check the date.
Add it to your packaging spec
Write bag size, film thickness, warning text, type size and position into the packaging artwork. Approve a printed sample, and check cartons at inspection.
Sources and further reading
- Rhode Island General Laws § 11-9-16 — plastic bags: suffocation warning
- New York Codes, Rules and Regulations 10 NYCRR 12.12 — warning label on certain plastic bags
Standards and rules are summarised from their published scope or official guidance. Use the current edition and confirm requirements for your market.
Three perspectives on this question
Purchasing perspective
I'd ask the bag supplier for film thickness and opening size per bag and put the warning text and type size into the packaging spec.
Merchandising perspective
The warning is small on the bag, but a missing one can stop a retail delivery, so I'd add it to the artwork now.
QC perspective
We'd check printed bags against the approved artwork, including warning text and size, at inline and final inspection.
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