Recently, four states have either passed laws or issued regulations concerning suffocation warning labels on thin-gauge plastic bags. The following is an update of our one page summary sheet.
Presently, the cities of Chicago and New York, and the states of California, New York, Virginia, Massachusetts, and Rhode Island require warning labels on certain plastics bags. The United States federal government does not at present have such a requirement.
In each jurisdiction, warning label requirements are intended for plastic bags with a thickness of less than one mil (1/1000 inch) and have an opening size of seven inches or more (5 inches in Rhode Island).
The cities of New York and Chicago, and the states of New York, Massachusetts, Virginia, and Rhode Island require the following or similar warning statement: "Warning: Keep this bag away from babies and children. Do not use in cribs, beds, carriages or playpens. The thin film may cling to nose and mouth and prevent breathing. In these six* jurisdictions, the size of the printing of the warning on the plastic bag must adhere to the chart listed below.
| Total Length and Width of Bag | | size of print |
| 60 inches or more | at least | 24 point |
| 40 to 59 inches | at least | 18 point |
| 30 to 39 inches | at least | 14 point |
| 25 to 29 inches | at least | 10 point |
| *Virginia's law is intended for dry cleaning bags only and requires at least 36 point type. |
Questions about such labels came into existence in the 1960's when plastic bags were identified as possible agents responsible for suffocation deaths of young children. Deaths occurred when the bags were used as crib liners or mattress covers. In recent years, a child suffocated after pulling a plastic newspaper bag over his head.