WIPPES Act
The WIPPES Act would require certain disposable wipes to carry a prominent “Do Not Flush” label and symbol on their packaging, with specific rules depending on how the product is packaged. The goal is to prevent wastewater pollution by spurring consumers to avoid flushing these wipes. The Federal Trade Commission would enforce the labeling rules and could apply existing unfair-or-deceptive-practices authority to violations. The bill also preempts state or local labeling requirements that are not identical to its provisions, and it sets a one-year effective date after enactment. Definitions establish which wipes are covered (baby, diapering, household/personal care wipes that include petrochemical fibers and are prone to being flushed) and what constitutes a “combined product.” The act also prohibits any positive claim that a wipe is flushable. Regulatory coordination is allowed with other federal agencies during rulemaking.
Key Points
- 1Do Not Flush labeling requirements: Covered wipes must display a Do Not Flush label and symbol on packaging, with exact placement rules tailored to cylindrical, flexible, rigid, bulk, and combined packaging formats to ensure visibility each time a wipe is dispensed.
- 2Packaging design and visibility standards: The label/symbol must be clearly visible, not obscured by seams or folds, with each element occupying at least 2% of the principal display panel and achieving high contrast (70% contrast minimum) for readability.
- 3Coverage and definitions: The act defines “covered product” as certain premoistened wipes (baby/diapering wipes and many household/personal care wipes with potential to be flushed, including antibacterial, disinfecting, cleaning, and personal-care wipes). It also defines “combined product” (two or more products sold together, where at least one is a covered product).
- 4Prohibition on flushability representations: Manufacturers cannot make statements that a wipe can or should be flushed.
- 5Enforcement and preemption: The FTC would enforce the labeling rules as unfair or deceptive acts or practices, with authority to issue regulations and coordinate with other agencies; states cannot impose different Do Not Flush requirements for these products.
- 6Effective date: The labeling requirements apply beginning one year after enactment.