WIPPES Act
Sponsored By: Senator Jeff Merkley
Passed Senate
Summary
This bill would require mandatory Do Not Flush labeling for many premoistened wipes and similar products. It sets detailed packaging and visibility rules for the symbol and the words "Do Not Flush," assigns enforcement to the Federal Trade Commission, and prevents states from imposing different label rules.
Show full summary
- Families and consumers: Would make packages show a clear Do Not Flush symbol and the label notice where wipes are dispensed and bans any claim that a covered product is flushable.
- Manufacturers and brands: Covered entities must follow packaging-specific placement rules and meet visibility standards such as a minimum size of 2% of the principal display panel and high contrast for the symbol and notice.
- Retailers and bulk sellers: Outer and inner retail packaging must carry the symbol and notice, with limited exemptions for very small or individually wrapped products.
- Federal enforcement and guidance: The Federal Trade Commission may enforce violations as unfair or deceptive acts under the FTC Act and must issue guidance within 180 days in consultation with the Environmental Protection Agency, the Commissioner of Food and Drugs, and the Consumer Product Safety Commission.
- States: No State or local government may require Do Not Flush labeling that is not identical to the federal requirements.
- Timing: The rules would apply to a covered entity one year after enactment and would not apply to products packaged or sold before that date.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Clear Do Not Flush labels on wipes
If enacted, makers and sellers would need clear Do Not Flush labels on covered wipes. Labels would go on the main display and be visible each time a wipe is dispensed. Round canisters could put the notice on a flip lid that covers at least 8% of the lid. Film packs and rigid tubs would follow placement rules for the main and dispensing sides. Each symbol and the words Do Not Flush would be at least 2% of the main panel. Colors would need high contrast of at least 70%, except for embossed flip‑lid markings. Small packs under 3 by 3 inches would need a prominent, visible label. Covered products would not be allowed to claim they are flushable, in words or by hint. These requirements would start one year after enactment.
National wipe-label rules and FTC enforcement
If enacted, breaking these rules would count as an unfair or deceptive act under the FTC Act. The FTC would enforce using its full powers and penalties. The FTC would issue compliance guidance within 180 days, after consulting EPA, FDA, and CPSC. Guidance would not be binding, and cases would need a specific violation of the statute. States and cities would not be allowed to set different Do Not Flush label rules. Enforcement would begin one year after enactment.
Which wipes these rules would cover
If enacted, the bill would define which wipes are covered. It would cover premoistened, nonwoven baby or diapering wipes sold at retail. It would also cover household or personal care wipes with petrochemical fibers that are likely to be flushed. Examples include antibacterial, disinfecting, bathroom and toilet cleaning, makeup removal, feminine and adult hygiene, hand sanitizing, and body cleansing wipes. It would define who is responsible for labels, including makers, suppliers, and retailers that control the package. It would define the Do Not Flush words and symbol and the main display panel based on package shape. These definitions would apply starting one year after enactment.
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Sponsors & CoSponsors
Sponsor
Jeff Merkley
OR • D
Cosponsors
Susan Collins
ME • R
Sponsored 3/24/2025
Richard Blumenthal
CT • D
Sponsored 3/24/2025
Angus King
ME • I
Sponsored 3/24/2025
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 3/24/2025
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 3/24/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 3/24/2025
Ron Wyden
OR • D
Sponsored 3/24/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 3/24/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 3/27/2025
Roll Call Votes
No roll call votes available for this bill.
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