IIB 
118TH CONGRESS 
2D SESSION 
H. R. 2964 
IN THE SENATE OF THE UNITED STATES 
JUNE 12, 2024 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To require certain products to be labeled with ‘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, 
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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.—A covered entity shall label a cov-
ered product clearly and conspicuously with the label no-
tice 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 visi-
ble 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. 
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under customary conditions of purchase and 
use. 
(2) PROXIMITY
OF
SYMBOL
AND
LABEL
NO-
TICE.—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 re-
spect 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 COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—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)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce this section and any regulations 
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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.) were incorporated into and made a part of this 
section, and any person who violates this section or 
any regulation promulgated under this section shall 
be subject to the penalties and entitled to the privi-
leges and immunities provided in the Federal Trade 
Commission Act. 
(3) REGULATIONS.—The Commission may pro-
mulgate regulations under section 553 of title 5, 
United States Code, to implement this section. In 
developing the regulations, the Commission may con-
sult 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 po-
litical subdivision of a State may directly or indirectly es-
tablish or continue in effect, under any authority, require-
ments with respect to the ‘‘Do Not Flush’’ labeling of cov-
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ered products that are not identical to the requirements 
of this section and the regulations promulgated under this 
section. 
(g) DEFINITIONS.—In this section: 
(1) COMBINED
PRODUCT.—The term ‘‘com-
bined product’’ means two or more products sold in 
shared retail packaging, of which— 
(A) at least one of the products is a cov-
ered product; and 
(B) at least one of the products is another 
consumer product intended to be used in com-
bination with such covered product. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a manufacturer, wholesaler, supplier, in-
dividual or group of individuals, or retailer that is 
responsible for the labeling or retail packaging of a 
covered product that is sold or offered for retail sale 
in the United States. 
(4) COVERED PRODUCT.— 
(A) IN
GENERAL.—The term ‘‘covered 
product’’ means a premoistened, nonwoven dis-
posable wipe sold or offered for retail sale— 
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(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. 
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(5) HIGH
CONTRAST.—The term ‘‘high con-
trast’’ means, with respect to the symbol or label no-
tice, that such symbol or label notice— 
(A) is either light on a solid dark back-
ground 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’’ 
means the written phrase ‘‘Do Not Flush’’. 
(7) PRINCIPAL
DISPLAY
PANEL.—The term 
‘‘principal display panel’’ means the side of a prod-
uct package that is most likely to be displayed, pre-
sented, or shown under customary conditions of dis-
play for retail sale, and— 
(A) in the case of a cylindrical or near-cy-
lindrical 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 
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(B) in the case of a flexible film package 
in which a rectangular prism or near-rectan-
gular 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’’ means each 
State of the United States, the District of Columbia, 
and each commonwealth, territory, or possession of 
the United States. 
(9) SYMBOL.—The term ‘‘symbol’’ means the 
‘‘Do Not Flush’’ symbol, as depicted in the most re-
cent edition of the Guidelines for Assessing the 
Flushability of Disposable Nonwoven Products pub-
lished by the Association of the Nonwoven Fabrics 
Industry (INDA) and the European Disposables 
And Nonwovens Association (EDANA), or an other-
wise equivalent symbol adopted by the Commission 
through rulemaking under this section. 
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