[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2269 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2269
To require certain products to be labeled with ``Do Not Flush''
labeling, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2025
Mrs. McClain (for herself, Mr. Mullin, Mr. Kean, and Mr. Huffman)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wastewater Infrastructure 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 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)) regarding unfair or deceptive acts or practices.
(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.) 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 privileges and immunities provided in the
Federal Trade Commission Act.
(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''
labeling of covered 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 ``combined product'' means
two or more products sold in shared retail packaging, of
which--
(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'' means the Federal
Trade Commission.
(3) Covered entity.--The term ``covered entity'' means a
manufacturer, wholesaler, supplier, individual 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 disposable wipe sold or
offered for retail sale--
(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'' means, with
respect to the symbol or label notice, that such symbol or
label notice--
(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'' means the
written phrase ``Do Not Flush''.
(7) Principal display panel.--The term ``principal display
panel'' means the side of a product package that is most likely
to be displayed, presented, or shown under customary conditions
of display for retail sale, and--
(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'' 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 recent edition of the
Guidelines for Assessing the Flushability of Disposable
Nonwoven Products published by the Association of the Nonwoven
Fabrics Industry (INDA) and the European Disposables And
Nonwovens Association (EDANA), or an otherwise equivalent
symbol adopted by the Commission through rulemaking under this
section.
(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.
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