119-s1092

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Reported in Senate

    (RS) ]

<DOC>

 Calendar No. 166
119th CONGRESS
 1st Session
 S. 1092

 [Report No. 119-63]

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 24, 2025

 Mr. Merkley (for himself, Ms. Collins, Mr. Blumenthal, Mr. King, Mr. 
 Markey, Mrs. Murray, Mr. Padilla, Mr. Wyden, Mrs. Shaheen, and Ms. 
 Warren) introduced the following bill; which was read twice and 
 referred to the Committee on Commerce, Science, and Transportation

 September 19 (legislative day, September 16), 2025

 Reported by Mr. Cruz, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
 in italic]

_______________________________________________________________________

 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,

<DELETED>

SECTION 1. SHORT TITLE.</DELETED>

<DELETED> This Act may be cited as the ``Wastewater Infrastructure 
Pollution Prevention and Environmental Safety Act'' or the ``WIPPES 
Act''.</DELETED>

<DELETED>

SEC. 2. ``DO NOT FLUSH'' LABELING.</DELETED>

<DELETED>

    (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) .</DELETED>
<DELETED>

    (b) Requirements.--</DELETED>
 <DELETED>

    (1) Cylindrical packaging.--In the case of a 
 covered product sold in cylindrical or near-cylindrical 
 packaging, and intended to dispense individual wipes--
 </DELETED>
 <DELETED>
        (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</DELETED>
 <DELETED>
        (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.</DELETED>
 <DELETED>

    (2) Flexible film packaging.--In the case of a 
 covered product sold in flexible film packaging, and intended 
 to dispense individual wipes--</DELETED>
 <DELETED>
        (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</DELETED>
 <DELETED>
        (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.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (5) Bulk packaging.--</DELETED>
 <DELETED>
        (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.</DELETED>
 <DELETED>
        (B) Exemption.--The following shall be 
 exempt from the requirements of subparagraph
        (A) :</DELETED>
 <DELETED>
            (i) Individually packaged covered 
 products that are contained within outer 
 packaging, are not intended to dispense 
 individual wipes, and have no retail 
 labeling.</DELETED>
 <DELETED>
            (ii) Outer packaging that does not 
 obscure the symbol and label notice on 
 individually packaged covered products 
 contained within.</DELETED>
 <DELETED>

    (6) Packaging of combined products.--</DELETED>
 <DELETED>
        (A) Outer packaging.--The outer packaging 
 of combined products shall be exempt from the symbol 
 and label notice requirements of subsection

    (a) .</DELETED>
 <DELETED>
        (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.</DELETED>
<DELETED>
            (c) Reasonable Visibility of Symbol and Label Notice.--
</DELETED>
 <DELETED>

    (1) In general.--A covered entity shall ensure 
 that--</DELETED>
 <DELETED>
        (A) packaging seams or folds or other 
 packaging design elements do not obscure the symbol or 
 label notice;</DELETED>
 <DELETED>
        (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</DELETED>
 <DELETED>
            (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.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (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.</DELETED>
<DELETED>
            (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.</DELETED>
<DELETED>

    (e) Enforcement by Federal Trade Commission.--</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (4) Authority preserved.--Nothing in this section 
 may be construed to limit the authority of the Commission under 
 any other provision of law.</DELETED>
<DELETED>

    (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.</DELETED>
<DELETED>

    (g) 

=== Definitions. ===
-In this section:</DELETED>
 <DELETED>

    (1) Combined product.--The term ``combined 
 product'' means two or more products sold in shared retail 
 packaging, of which--</DELETED>
 <DELETED>
        (A) at least one of the products is a 
 covered product; and</DELETED>
 <DELETED>
        (B) at least one of the products is 
 another consumer product intended to be used in 
 combination with such covered product.</DELETED>
 <DELETED>

    (2) Commission.--The term ``Commission'' means the 
 Federal Trade Commission.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (4) Covered product.--</DELETED>
 <DELETED>
        (A) In general.--The term ``covered 
 product'' means a premoistened, nonwoven disposable 
 wipe sold or offered for retail sale--</DELETED>
 <DELETED>
            (i) that is marketed as a baby 
 wipe or diapering wipe; or</DELETED>
 <DELETED>
            (ii) that is a household or 
 personal care wipe (including a wipe described 
 in subparagraph
        (B) ) that--</DELETED>
 <DELETED>
            (I) is composed entirely, 
 or in part, of petrochemical-derived 
 fibers; and</DELETED>
 <DELETED>
            (II) has significant 
 potential to be flushed.</DELETED>
 <DELETED>
        (B) Inclusions.--The wipes described in 
 this subparagraph are--</DELETED>
 <DELETED>
            (i) antibacterial wipes and 
 disinfecting wipes;</DELETED>
 <DELETED>
            (ii) wipes intended for general 
 purpose cleaning or bathroom cleaning, 
 including toilet cleaning and hard surface 
 cleaning; and</DELETED>
 <DELETED>
            (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.</DELETED>
 <DELETED>

    (5) High contrast.--The term ``high contrast'' 
 means, with respect to the symbol or label notice, that such 
 symbol or label notice--</DELETED>
 <DELETED>
        (A) is either light on a solid dark 
 background or dark on a solid light background; 
 and</DELETED>
 <DELETED>
        (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.</DELETED>
 <DELETED>

    (6) Label notice.--The term ``label notice'' means 
 the written phrase ``Do Not Flush''.</DELETED>
 <DELETED>

    (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--
 </DELETED>
 <DELETED>
        (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</DELETED>
 <DELETED>
        (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.</DELETED>
 <DELETED>

    (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.</DELETED>
 <DELETED>

    (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.</DELETED>
<DELETED>

    (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.</DELETED>

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 
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 shall be treated as a violation of a rule defining 
 an unfair or deceptive act or practice prescribed under 

section 18

    (a)

    (1)
        (B) of the Federal Trade Commission Act (15 U.S.C. 
 57a

    (a)

    (1)
        (B) ).

    (2) Powers of commission.--The Commission shall enforce 
 this section in the same manner, 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.

    (3) Privileges and immunities.--Any person who violates 
 this section shall be subject to the penalties and entitled to 
 the privileges and immunities provided in the Federal Trade 
 Commission Act (15 U.S.C. et seq.).

    (4) Authority preserved.--Nothing in this section shall be 
 construed to limit the authority of the Commission under any 
 other provision of law.

    (f) Commission Guidance.-- Not later than 180 days after the date 
of enactment of this Act, the Commission, in consultation with the 
Administrator of the Environmental Protection Agency, the Commissioner 
of Food and Drugs, the Consumer Product Safety Commission, and any 
other agency determined appropriate by the Commission, shall issue 
guidance to assist covered entities in complying with the requirements 
of this section.

    (g) Limitation on Commission Guidance.--

    (1) In general.--No guidance issued by the Commission with 
 respect to this section shall--
        (A) confer any rights on any person, State, or 
 locality; or
        (B) bind the Commission or any person to the 
 approach recommended in such guidance.

    (2) Specific violations.--In any enforcement action brought 
 under this section, the Commission shall allege a specific 
 violation of a provision of this section.

    (3) No enforcement actions based on guidance.--The 
 Commission may not base an enforcement action on, or execute a 
 consent order based on, practices that are alleged to be 
 inconsistent with any guidance issued under this Act, unless 
 the practices allegedly violate this section.

    (h) 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.
            (i) === 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 within 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) .

    (j) 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 and shall not apply to any covered product packaged or sold 
before such date.
 Calendar No. 166

119th CONGRESS

 1st Session

 S. 1092

 [Report No. 119-63]

_______________________________________________________________________

 A BILL

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

_______________________________________________________________________

 September 19 (legislative day, September 16), 2025

 Reported with an amendment