119-hr2269

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

    (EH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2269

_______________________________________________________________________

 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 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.

 Passed the House of Representatives June 23, 2025.

 Attest:

 Clerk.
119th CONGRESS

 1st Session

 H. R. 2269

_______________________________________________________________________

 AN ACT

 To require certain products to be labeled with ``Do Not Flush'' 
 labeling, and for other purposes.