WIPPES Act

To require the Federal Trade Commission to issue regulations requiring certain products to have Do Not Flush 1. Short title This Act may be cited as the Wastewater Infrastructure Pollution Prevention and Environmental Safety Act WIPPES Act 2. Do not flush (a) In general A covered entity shall label a covered product clearly and conspicuously with the label notice and symbol, in accordance with subsections (b) and (c). (b) Requirements (1) Cylindrical packaging In the case of a covered product sold in cylindrical or near-cylindrical packaging, and intended to dispense individual wipes— (A) the symbol and label notice shall be displayed on the principal display panel in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed; or (B) the symbol shall be displayed on the principal display panel and the label notice, or a combination of the label notice and symbol, shall be displayed on a flip lid in a manner that covers at least 8 percent of the surface area of the flip lid. (2) Flexible film packaging In the case of a covered product sold in flexible film packaging, and intended to dispense individual wipes— (A) the symbol shall be displayed on the principal display panel and, if the principal display panel is not on the dispensing side of the packaging, on the dispensing side panel; and (B) the label notice shall be displayed on either the principal display panel or the dispensing side panel, in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed. (3) Rigid packaging In the case of a covered product sold in a refillable tub or other rigid packaging that may be reused by a customer, and that is intended to dispense individual wipes, the symbol and label notice shall be displayed on the principal display panel in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed. (4) Packaging not intended to dispense individual wipes In the case of a covered product sold in packaging that is not intended to dispense individual wipes, the symbol and label notice shall be displayed on the principal display panel in a clear and conspicuous location reasonably visible to the user of the covered product. (5) Bulk packaging (A) In general In the case of a covered product sold in bulk at retail, the symbol and label notice shall be displayed on both the outer packaging visible at retail and the individual packaging contained within the outer packaging. (B) Exemption The following shall be exempt from the requirements of subparagraph (A): (i) Individually packaged covered products that are contained within outer packaging, are not intended to dispense individual wipes, and have no retail labeling. (ii) Outer packaging that does not obscure the symbol and label notice on individually packaged covered products contained within. (6) Packaging of combined products (A) Outer packaging The outer packaging of combined products shall be exempt from the symbol and label notice requirements of subsection (a). (B) Packages less than 3 by 3 inches In the case of a covered product in packaging smaller than 3 inches by 3 inches (such as an individually packaged wipe in tear-top packaging) and sold as part of a combined product, if a symbol and label notice are placed in a prominent location reasonably visible to the user of the covered product, such covered product shall be considered to be labeled clearly and conspicuously. (c) Reasonable visibility of symbol and label notice (1) In general A covered entity shall ensure that— (A) packaging seams or folds or other packaging design elements do not obscure the symbol or label notice; (B) the symbol and label notice are each equal in size to at least 2 percent of the surface area of the principal display panel; and (C) the symbol and label notice have high contrast with the immediate background of the packaging so that such symbol and label notice may be seen and read by an ordinary individual under customary conditions of purchase and use. (2) Proximity of symbol and label notice A covered entity may display a symbol and label notice either adjacent to or on separate areas of the principal display panel. (3) Exception Paragraph (1)(C) does not apply to an embossed symbol or label notice on the flip lid of a covered product sold in cylindrical or near-cylindrical packaging. (d) Representations of flushability With respect to a covered product, a covered entity may not make any express or implied representation that such covered product can or should be flushed. (e) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of this section or any regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission The Commission shall enforce this section and any regulations promulgated under this section by the same means, and with the same jurisdiction, powers, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (3) Regulations The Commission may promulgate regulations under section 553 of title 5, United States Code, to implement this section. In developing the regulations, the Commission may consult with the Administrator of the Environmental Protection Agency, the Commissioner of Food and Drugs, the Consumer Product Safety Commission, or any other agency as appropriate. (4) Authority preserved Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. (f) Preemption of State laws No State or political subdivision of a State may directly or indirectly establish or continue in effect, under any authority, requirements with respect to the Do Not Flush (g) Definitions In this section: (1) Combined product The term combined product (A) at least one of the products is a covered product; and (B) at least one of the products is another consumer product intended to be used in combination with such covered product. (2) Commission The term Commission (3) Covered entity The term covered entity (4) Covered product (A) In general The term covered product (i) that is marketed as a baby wipe or diapering wipe; or (ii) that is a household or personal care wipe (including a wipe described in subparagraph (B)) that— (I) is composed entirely, or in part, of petrochemical-derived fibers; and (II) has significant potential to be flushed. (B) Inclusions The wipes described in this subparagraph are— (i) antibacterial wipes and disinfecting wipes; (ii) wipes intended for general purpose cleaning or bathroom cleaning, including toilet cleaning and hard surface cleaning; and (iii) wipes intended for personal care use on the body, including hand sanitizing, makeup removal, feminine hygiene, adult hygiene (including incontinence hygiene), and body cleansing. (5) High contrast The term high contrast (A) is either light on a solid dark background or dark on a solid light background; and (B) has a contrast percentage of at least 70 percent between such symbol or label notice and the background, using the formula (B1 - B2) / B1 * 100 = contrast percentage, where B1 is the light reflectance value of the lighter area and B2 is the light reflectance value of the darker area. (6) Label notice The term label notice Do Not Flush (7) Principal display panel The term principal display panel (A) in the case of a cylindrical or near-cylindrical package, the surface area of which constitutes at least 40 percent of the product package, as measured by multiplying the height by the circumference of the package; or (B) in the case of a flexible film package in which a rectangular prism or near-rectangular prism stack of wipes is housed within the film, the surface area of which is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. (8) State The term State (9) Symbol The term symbol Do Not Flush (h) Effective date This section shall apply to a covered entity beginning on the date that is 1 year after the date of the enactment of this Act. Amend the title so as to read: A bill to require certain products to be labeled with ‘Do Not Flush’ labeling, and for other purposes. April 5, 2024 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Wastewater Infrastructure Pollution Prevention and Environmental Safety Act or the WIPPES ActThis bill requires the Federal Trade Commission to issue regulations requiring entities responsible for the labeling or retail packaging of certain premoistened, nonwoven wipes (e.g., baby wipes, cleaning wipes, or personal care wipes) to label such products clearly and conspicuously with the phrase Do Not Flush and accompanying symbol as depicted under specified industry guidelines.The commission is authorized to enforce this requirement.