II 

118TH CONGRESS 

1ST SESSION S. 1350 

To require the Federal Trade Commission to issue regulations requiring 

certain products to have ‘‘Do Not Flush’’ labeling, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2023 

Mr. MERKLEY (for himself, Ms. COLLINS, Mr. KING, Mrs. SHAHEEN, Mr. 

WYDEN, Mr. MARKEY, Mr. BLUMENTHAL, and Ms. WARREN) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To require the Federal Trade Commission to issue regulations requiring certain products to have ‘‘Do Not Flush’’ 

labeling, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wastewater Infrastruc5 ture Pollution Prevention and Environmental Safety Act’’ 

6 or the ‘‘WIPPES Act’’. 

7 SEC. 2. ‘‘DO NOT FLUSH’’ LABELING. 

8 (a) IN GENERAL.— 


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1 (1) REGULATIONS.—Not later than 2 years 

2 after the date of enactment of this section, the Fed3 eral Trade Commission shall issue regulations under 

4 section 553 of title 5, United States Code, requiring 

5 covered entities to label covered products clearly and 

6 conspicuously with ‘‘Do Not Flush’’ label notices 

7 and symbols in accordance with this section. 

8 (2) CONSULTATION WITH OTHER AGENCIES.— 

9 In developing the regulations required under para10 graph (1), the Federal Trade Commission may con11 sult with the Administrator of the Environmental 

12 Protection Agency, the Commissioner of Food and 

13 Drugs, and the Consumer Product Safety Commis14 sion as appropriate depending on the type of covered 

15 product involved. 

16 (b) REQUIREMENTS.— 

17 (1) CYLINDRICAL PACKAGING.—In issuing reg18 ulations under subsection (a), the Commission shall 

19 require a covered product sold in cylindrical or near20 cylindrical packaging, and intended to dispense indi21 vidual wipes, to have— 

22 (A) the symbol and label notice on the 

23 principal display panel in a location reasonably 

24 visible to the user each time a wipe is dis25 pensed; or 


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1 (B) the symbol on the principal display 

2 panel and the label notice, or a combination of 

3 the label notice and symbol, on a flip lid in a 

4 manner that covers at least 8 percent of the 

5 surface area of the flip lid. 

6 (2) FLEXIBLE FILM PACKAGING.—In issuing 

7 regulations under subsection (a), the Commission 

8 shall require a covered product sold in flexible film 

9 packaging, and intended to dispense individual 

10 wipes, to have— 

11 (A) the symbol on the principal display 

12 panel and, if the principal display panel is not 

13 on the dispensing side of the packaging, on the 

14 dispensing side panel; and 

15 (B) the label notice on either the principal 

16 display panel or the dispensing side panel, in a 

17 prominent location reasonably visible to the 

18 user each time a wipe is dispensed. 

19 (3) RIGID PACKAGING.—In issuing regulations 

20 under subsection (a), the Commission shall require 

21 a covered product sold in a refillable tub or other 

22 rigid packaging that may be reused by a customer, 

23 and intended to dispense individual wipes, to have 

24 the symbol and label notice on the principal display 


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1 panel in a prominent location reasonably visible to 

2 the user each time a wipe is dispensed. 

3 (4) PACKAGING NOT INTENDED TO DISPENSE

4 INDIVIDUAL WIPES.—In issuing regulations under 

5 subsection (a), the Commission shall require a cov6 ered product sold in packaging that is not intended 

7 to dispense individual wipes to have the symbol and 

8 label notice on the principal display panel in a 

9 prominent location reasonably visible to the user of 

10 the covered product. 

11 (5) BULK PACKAGING.— 

12 (A) IN GENERAL.—In issuing regulations 

13 under subsection (a), the Commission shall re14 quire a covered product sold in bulk at retail to 

15 have labeling in compliance with such regula16 tions on both the outer packaging visible at re17 tail and the individual packaging contained 

18 within the outer packaging. 

19 (B) EXEMPTION.—The Commission shall 

20 exempt from the requirements under subpara21 graph (A) the following: 

22 (i) Individually packaged covered 

23 products that are contained within outer 

24 packaging, are not intended to dispense in25 dividual wipes, and have no retail labeling. 


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1 (ii) Outer packaging that does not ob2 scure the symbol and label notice on indi3 vidually packaged covered products con4 tained within. 

5 (6) PACKAGING OF COMBINED PRODUCTS.— 

6 (A) OUTER PACKAGING.—In issuing regu7 lations under subsection (a), the Commission 

8 shall exempt the outer packaging of a combined 

9 product from the requirements of such regula10 tions. 

11 (B) PACKAGES LESS THAN 3 BY 3

12 INCHES.—In issuing regulations under sub13 section (a), the Commission shall provide that, 

14 with respect to a covered product in packaging 

15 smaller than 3 inches by 3 inches (such as an 

16 individually packaged wipe in tear-top pack17 aging) and sold as part of a combined product, 

18 if a symbol and label notice are placed in a 

19 prominent location reasonably visible to the 

20 user of the covered product, such covered prod21 uct is considered to be labeled clearly and con22 spicuously in accordance with such regulations. 

23 (c) REASONABLE VISIBILITY OF SYMBOL AND LABEL

24 NOTICE.— 


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1 (1) IN GENERAL.—In requiring the symbol and 

2 label notice under this section, the Commission shall 

3 require that— 

4 (A) packaging seams or folds or other 

5 packaging design elements do not obscure the 

6 symbol or label notice; 

7 (B) the symbol and label notice are each 

8 equal in size to at least 2 percent of the surface 

9 area of the principal display panel; and 

10 (C) the symbol and label notice have high 

11 contrast with the immediate background of the 

12 packaging so that such symbol and label notice 

13 may be seen and read by an ordinary individual 

14 under customary conditions of purchase and 

15 use. 

16 (2) PROXIMITY OF SYMBOL AND LABEL NO17 TICE.—In requiring the symbol and label notice 

18 under this section, the Commission may allow a 

19 symbol and label notice on a principal display panel 

20 to be placed adjacently or on separate areas of the 

21 principal display panel. 

22 (3) EXCEPTION.—Paragraph (1)(C) does not 

23 apply to an embossed symbol or label notice on the 

24 flip lid of a covered product sold in cylindrical or 

25 near-cylindrical packaging. 


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1 (d) ADDITIONAL WORDS OR PHRASES.—In issuing 

2 regulations under subsection (a), the Commission shall 

3 allow additional words or phrases on a covered product 

4 that describe consequences associated with flushing or dis5 posing of such covered product, if such words or phrases 

6 are consistent with the purposes of this section. 

7 (e) REPRESENTATIONS OF FLUSHABILITY.—In 

8 issuing regulations under subsection (a), the Commission 

9 shall prohibit, with respect to a covered product, the rep10 resentation or marketing of flushable attributes, perform11 ance, or efficacy benefits. 

12 (f) COMPLIANCE WITH OTHER REQUIREMENTS.— 

13 (1) FIFRA REQUIREMENTS.— 

14 (A) IN GENERAL.—Not later than 2 years 

15 after the date of the enactment of this Act, the 

16 Commission and the Administrator of the Envi17 ronmental Protection Agency, acting jointly, 

18 shall issue regulations that, with respect to a 

19 covered product that contains a pesticide re20 quired to be registered under the Federal Insec21 ticide, Fungicide, and Rodenticide Act (7 

22 U.S.C. 136 et seq.), include the following: 

23 (i) Instructions describing how such a 

24 covered product may comply with the reVerDate Sep 11 2014 01:32 May 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1350.IS S1350

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1 quirements of such Act and the regulations 

2 issued under subsection (a). 

3 (ii) A requirement that, not later than 

4 90 days after the date on which regula5 tions are issued under this subparagraph, 

6 a covered entity shall submit for approval 

7 by the Administrator of the Environmental 

8 Protection Agency a product label compli9 ant with such instructions. 

10 (B) ENFORCEMENT.—For purposes of sub11 section (h), a violation of a regulation issued 

12 under subparagraph (A) shall be treated as a 

13 violation of a regulation issued under subsection 

14 (a). 

15 (2) TYPE SIZE EXCEPTION.—If the label notice 

16 type size otherwise required by the regulations 

17 issued under subsection (a) for a covered product 

18 would conflict with a labeling requirement under the 

19 Federal Insecticide, Fungicide, and Rodenticide Act 

20 (7 U.S.C. 136 et seq.) or the Federal Hazardous 

21 Substances Act (15 U.S.C. 1261 et seq.), the Com22 mission may, in issuing such regulations, provide for 

23 a label notice type size requirement for the covered 

24 product under this section that— 


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1 (A) in the case of a covered product re2 quired to display a warning pursuant to the 

3 Federal Insecticide, Fungicide, and Rodenticide 

4 Act regarding a pesticide in such covered prod5 uct, requires a type size for the label notice 

6 under this paragraph that is equal to or greater 

7 than the type size required for the ‘‘keep out of 

8 reach of children’’ statement under such Act; 

9 and 

10 (B) in the case of a covered product re11 quired to contain first aid instructions pursuant 

12 to the Federal Hazardous Substances Act, re13 quires a type size for the label notice under this 

14 paragraph that is equal to or greater than the 

15 type size required for such first aid instruc16 tions. 

17 (g) APPLICABILITY.—The Commission shall provide 

18 that the regulations issued under subsection (a) apply with 

19 respect to covered products manufactured on or after the 

20 date that is 90 days after the date on which such regula21 tions are issued. 

22 (h) ENFORCEMENT BY FEDERAL TRADE COMMIS23 SION.— 

24 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES.—A violation of a regulation promulgated 


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1 under subsection (a) shall be treated as a violation 

2 of a regulation under section 18(a)(1)(B) of the 

3 Federal Trade Commission Act (15 U.S.C. 

4 57a(a)(1)(B)) regarding unfair or deceptive acts or 

5 practices. 

6 (2) POWERS OF COMMISSION.—Except as pro7 vided in paragraph (3), the Commission shall en8 force the regulations promulgated under subsection 

9 (a) in the same manner, by the same means, and 

10 with the same jurisdiction, powers, and duties as 

11 though all applicable terms and provisions of the 

12 Federal Trade Commission Act (15 U.S.C. 41 et 

13 seq.) were incorporated into and made a part of this 

14 section, and any person who violates such a regula15 tion shall be subject to the penalties and entitled to 

16 the privileges and immunities provided in the Fed17 eral Trade Commission Act. 

18 (3) PENALTY AMOUNTS.—Notwithstanding sec19 tion 5 of the Federal Trade Commission Act (15 

20 U.S.C. 45), any civil penalties imposed under such 

21 section with respect to a violation of a regulation 

22 promulgated under subsection (a) of this section 

23 shall be in accordance with the following: 

24 (A) A fine of not more than $2,500 for 

25 each day that a violation occurs. 


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1 (B) In no event may the total amount of 

2 fines imposed for a single violation exceed 

3 $100,000. 

4 (i) PREEMPTION OF STATE LAWS.—No State or po5 litical subdivision of a State may directly or indirectly es6 tablish or continue in effect under any authority restric7 tions with respect to the ‘‘Do Not Flush’’ labeling of cov8 ered products that are not identical to the restrictions 

9 under this section. 

10 (j) DEFINITIONS.—In this Act: 

11 (1) COMBINED PRODUCT.—The term ‘‘com12 bined product’’ means two or more products sold in 

13 shared retail packaging, of which— 

14 (A) at least one of the products is a cov15 ered product; and 

16 (B) at least one of the products is another 

17 consumer product intended to be used in com18 bination with such covered product. 

19 (2) COMMISSION.—The term ‘‘Commission’’ 

20 means the Federal Trade Commission. 

21 (3) COVERED ENTITY.—The term ‘‘covered en22 tity’’ means a manufacturer, wholesaler, supplier, or 

23 retailer that is responsible for the labeling or retail 

24 packaging of a covered product that is sold or of25 fered for sale in the United States. 


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1 (4) COVERED PRODUCT.— 

2 (A) IN GENERAL.—The term ‘‘covered 

3 product’’ means a premoistened, nonwoven dis4 posable wipe sold or offered for retail sale— 

5 (i) that is marketed as a baby wipe or 

6 diapering wipe; or 

7 (ii) that is a household or personal 

8 care wipe (including wipes described in 

9 subparagraph (B)) that— 

10 (I) is composed entirely, or in 

11 part, of petrochemical-derived fibers; 

12 and 

13 (II) has significant potential to 

14 be flushed. 

15 (B) INCLUSIONS.—The wipes described in 

16 this subparagraph are— 

17 (i) antibacterial wipes and disinfecting 

18 wipes; 

19 (ii) wipes intended for general purpose 

20 cleaning or bathroom cleaning, including 

21 toilet cleaning and hard surface cleaning; 

22 and 

23 (iii) wipes intended for personal care 

24 use on the body, including hand sanitizing, 

25 makeup removal, feminine hygiene, adult 


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1 hygiene (including incontinence hygiene), 

2 and body cleansing. 

3 (5) HIGH CONTRAST.—The term ‘‘high con4 trast’’ means, with respect to the symbol or label no5 tice, that such symbol or label notice— 

6 (A) is either light on a solid dark back7 ground or dark on a solid light background; and 

8 (B) has a contrast percentage of at least 

9 70 percent between such symbol or label notice 

10 and the background, using the formula (B1 - 

11 B2) / B1 * 100 = contrast percentage, where 

12 B1 is the light reflectance value of the lighter 

13 area and B2 is the light reflectance value of the 

14 darker area. 

15 (6) LABEL NOTICE.—The term ‘‘label notice’’ 

16 means the written phrase ‘‘Do Not Flush’’. 

17 (7) PRINCIPAL DISPLAY PANEL.—The term 

18 ‘‘principal display panel’’ means the side of a prod19 uct package that is most likely to be displayed, pre20 sented, or shown under customary conditions of dis21 play for retail sale, and— 

22 (A) in the case of a cylindrical or near-cy23 lindrical package, the surface area of which 

24 constitutes at least 40 percent of the product 


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1 package, as measured by multiplying the height 

2 by the circumference of the package; or 

3 (B) in the case of a flexible film package 

4 in which a rectangular prism or near-rectan5 gular prism stack of wipes is housed within the 

6 film, the surface area of which is measured by 

7 multiplying the length by the width of the side 

8 of the package when the flexible packaging film 

9 is pressed flat against the stack of wipes on all 

10 sides of the stack. 

11 (8) SYMBOL.—The term ‘‘symbol’’ means the 

12 ‘‘Do Not Flush’’ symbol, as depicted in the Guide13 lines for Assessing the Flushability of Disposable 

14 Nonwoven Products (Edition 4; May 2018) pub15 lished by the Association of the Nonwoven Fabrics 

16 Industry (INDA) and the European Disposables 

17 And Nonwovens Association (EDANA), or an other18 wise identical symbol depicting an individual of an19 other gender. 

Æ 


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