WIPPES Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2269 Introduced in House (IH)]

<DOC>

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.
                                 <all>