I 
118TH CONGRESS 
1ST SESSION H. R. 2964 
To require the Federal Trade Commission to issue regulations requiring 
certain products to have ‘‘Do Not Flush’’ labeling, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2023 
Mrs. MCCLAIN (for herself and Mrs. PELTOLA) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To require the Federal Trade Commission to issue regula-
tions requiring certain products to have ‘‘Do Not Flush’’ 
labeling, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wastewater Infrastruc-
ture Pollution Prevention and Environmental Safety Act’’ 
or the ‘‘WIPPES Act’’. 
SEC. 2. ‘‘DO NOT FLUSH’’ LABELING. 
(a) IN GENERAL.— 
(1) REGULATIONS.—Not later than 2 years 
after the date of enactment of this section, the Fed-
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eral Trade Commission shall issue regulations under 
section 553 of title 5, United States Code, requiring 
covered entities to label covered products clearly and 
conspicuously with ‘‘Do Not Flush’’ label notices 
and symbols in accordance with this section. 
(2) CONSULTATION WITH OTHER AGENCIES.— 
In developing the regulations required under para-
graph (1), the Federal Trade Commission may con-
sult with the Administrator of the Environmental 
Protection Agency, the Commissioner of Food and 
Drugs, and the Consumer Product Safety Commis-
sion as appropriate depending on the type of covered 
product involved. 
(b) REQUIREMENTS.— 
(1) CYLINDRICAL PACKAGING.—In issuing reg-
ulations under subsection (a), the Commission shall 
require a covered product sold in cylindrical or near- 
cylindrical packaging, and intended to dispense indi-
vidual wipes, to have— 
(A) the symbol and label notice on the 
principal display panel in a location reasonably 
visible to the user each time a wipe is dis-
pensed; or 
(B) the symbol on the principal display 
panel and the label notice, or a combination of 
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the label notice and symbol, 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 issuing 
regulations under subsection (a), the Commission 
shall require a covered product sold in flexible film 
packaging, and intended to dispense individual 
wipes, to have— 
(A) the symbol 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 on either the principal 
display panel or the dispensing side panel, in a 
prominent location reasonably visible to the 
user each time a wipe is dispensed. 
(3) RIGID PACKAGING.—In issuing regulations 
under subsection (a), the Commission shall require 
a covered product sold in a refillable tub or other 
rigid packaging that may be reused by a customer, 
and intended to dispense individual wipes, to have 
the symbol and label notice on the principal display 
panel in a prominent location reasonably visible to 
the user each time a wipe is dispensed. 
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(4) PACKAGING NOT INTENDED TO DISPENSE 
INDIVIDUAL
WIPES.—In issuing regulations under 
subsection (a), the Commission shall require a cov-
ered product sold in packaging that is not intended 
to dispense individual wipes to have the symbol and 
label notice on the principal display panel in a 
prominent location reasonably visible to the user of 
the covered product. 
(5) BULK PACKAGING.— 
(A) IN GENERAL.—In issuing regulations 
under subsection (a), the Commission shall re-
quire a covered product sold in bulk at retail to 
have labeling in compliance with such regula-
tions on both the outer packaging visible at re-
tail and the individual packaging contained 
within the outer packaging. 
(B) EXEMPTION.—The Commission shall 
exempt from the requirements under subpara-
graph (A) the following: 
(i) 
Individually 
packaged 
covered 
products that are contained within outer 
packaging, are not intended to dispense in-
dividual wipes, and have no retail labeling. 
(ii) Outer packaging that does not ob-
scure the symbol and label notice on indi-
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vidually packaged covered products con-
tained within. 
(6) PACKAGING OF COMBINED PRODUCTS.— 
(A) OUTER PACKAGING.—In issuing regu-
lations under subsection (a), the Commission 
shall exempt the outer packaging of a combined 
product from the requirements of such regula-
tions. 
(B) PACKAGES
LESS
THAN
BY
INCHES.—In issuing regulations under sub-
section (a), the Commission shall provide that, 
with respect to a covered product in packaging 
smaller than 3 inches by 3 inches (such as an 
individually packaged wipe in tear-top pack-
aging) 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 prod-
uct is considered to be labeled clearly and con-
spicuously in accordance with such regulations. 
(c) REASONABLE VISIBILITY OF SYMBOL AND LABEL 
NOTICE.— 
(1) IN GENERAL.—In requiring the symbol and 
label notice under this section, the Commission shall 
require that— 
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(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
NO-
TICE.—In requiring the symbol and label notice 
under this section, the Commission may allow a 
symbol and label notice on a principal display panel 
to be placed adjacently 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) ADDITIONAL WORDS OR PHRASES.—In issuing 
regulations under subsection (a), the Commission shall 
allow additional words or phrases on a covered product 
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that describe consequences associated with flushing or dis-
posing of such covered product, if such words or phrases 
are consistent with the purposes of this section. 
(e) 
REPRESENTATIONS
OF
FLUSHABILITY.—In 
issuing regulations under subsection (a), the Commission 
shall prohibit, with respect to a covered product, the rep-
resentation or marketing of flushable attributes, perform-
ance, or efficacy benefits. 
(f) COMPLIANCE WITH OTHER REQUIREMENTS.— 
(1) FIFRA REQUIREMENTS.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this Act, the 
Commission and the Administrator of the Envi-
ronmental Protection Agency, acting jointly, 
shall issue regulations that, with respect to a 
covered product that contains a pesticide re-
quired to be registered under the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136 et seq.), include the following: 
(i) Instructions describing how such a 
covered product may comply with the re-
quirements of such Act and the regulations 
issued under subsection (a). 
(ii) A requirement that, not later than 
90 days after the date on which regula-
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tions are issued under this subparagraph, 
a covered entity shall submit for approval 
by the Administrator of the Environmental 
Protection Agency a product label compli-
ant with such instructions. 
(B) ENFORCEMENT.—For purposes of sub-
section (h), a violation of a regulation issued 
under subparagraph (A) shall be treated as a 
violation of a regulation issued under subsection 
(a). 
(2) TYPE SIZE EXCEPTION.—If the label notice 
type size otherwise required by the regulations 
issued under subsection (a) for a covered product 
would conflict with a labeling requirement under the 
Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136 et seq.) or the Federal Hazardous 
Substances Act (15 U.S.C. 1261 et seq.), the Com-
mission may, in issuing such regulations, provide for 
a label notice type size requirement for the covered 
product under this section that— 
(A) in the case of a covered product re-
quired to display a warning pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide 
Act regarding a pesticide in such covered prod-
uct, requires a type size for the label notice 
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under this paragraph that is equal to or greater 
than the type size required for the ‘‘keep out of 
reach of children’’ statement under such Act; 
and 
(B) in the case of a covered product re-
quired to contain first aid instructions pursuant 
to the Federal Hazardous Substances Act, re-
quires a type size for the label notice under this 
paragraph that is equal to or greater than the 
type size required for such first aid instruc-
tions. 
(g) APPLICABILITY.—The Commission shall provide 
that the regulations issued under subsection (a) apply with 
respect to covered products manufactured on or after the 
date that is 90 days after the date on which such regula-
tions are issued. 
(h) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of a regulation promulgated 
under subsection (a) 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)) regarding unfair or deceptive acts or 
practices. 
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(2) POWERS OF COMMISSION.—Except as pro-
vided in paragraph (3), the Commission shall en-
force the regulations promulgated under subsection 
(a) in the same manner, 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.) were incorporated into and made a part of this 
section, and any person who violates such a regula-
tion shall be subject to the penalties and entitled to 
the privileges and immunities provided in the Fed-
eral Trade Commission Act. 
(3) PENALTY AMOUNTS.—Notwithstanding sec-
tion 5 of the Federal Trade Commission Act (15 
U.S.C. 45), any civil penalties imposed under such 
section with respect to a violation of a regulation 
promulgated under subsection (a) of this section 
shall be in accordance with the following: 
(A) A fine of not more than $2,500 for 
each day that a violation occurs. 
(B) In no event may the total amount of 
fines imposed for a single violation exceed 
$100,000. 
(i) PREEMPTION OF STATE LAWS.—No State or po-
litical subdivision of a State may directly or indirectly es-
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