WIPPES Act

The bill would require any manufacturer, wholesaler, supplier, or retailer responsible for labeling certain premoistened, nonwoven disposable wipes to display the phrase "Do Not Flush" and a standardized symbol on product packaging. Detailed placement rules vary by packaging type — cylindrical, flexible film, rigid tubs, bulk, and combined products — and set minimum size (at least 2 percent of the principal display panel) and contrast requirements. The bill would also prohibit covered entities from making any express or implied claim that a covered product can or should be flushed. The Federal Trade Commission would enforce the requirements, treating violations as unfair or deceptive acts under the FTC Act.

The bill would not apply to products packaged or sold before the effective date, and would preempt any state or local "Do Not Flush" labeling rule that is not identical to the federal standard. The FTC would be required to issue compliance guidance — developed in consultation with EPA, FDA, and the Consumer Product Safety Commission — within 180 days of enactment, though that guidance could not itself be the basis for an enforcement action.

Manufacturers, wholesalers, suppliers, and retailers responsible for labeling baby wipes, cleaning wipes, disinfecting wipes, and personal care wipes (including makeup-removal, feminine hygiene, and adult incontinence wipes) that contain petrochemical-derived fibers and are sold at retail in the United States. Consumers purchasing those products would see standardized "Do Not Flush" warnings. Wastewater utilities and municipalities that bear costs from sewer blockages caused by flushed wipes are the intended indirect beneficiaries.

If enacted, wipes manufacturers and retailers would need to redesign packaging to meet specific size, contrast, and placement rules within one year. Companies making any flushability claim — even an implied one — would face FTC enforcement as if they had violated a formal trade-regulation rule, with associated civil penalties. The federal preemption provision would also void any differing state labeling laws, creating one national standard but potentially overriding stronger state rules.

The FTC would become the primary enforcement agency, treating violations as unfair or deceptive acts under the FTC Act. Within 180 days of enactment, the FTC must publish compliance guidance developed in consultation with EPA, FDA, and the Consumer Product Safety Commission. Enforcement actions must allege a specific statutory violation — not mere deviation from guidance. Covered entities would have one year from enactment to bring product labeling into compliance; products already packaged or sold before that date are exempt. The bill includes no rulemaking mandate, leaving the FTC authority to issue regulations if it chooses but not requiring them.