119-s-1092119th CongressWALLET

WIPPES Act

Sponsored By: Senator Merkley, Jeff [D-OR]

Passed Senate

Summary

standardized Do Not Flush labeling for premoistened, nonwoven disposable wipes and clear rules for where a symbol and "Do Not Flush" notice must appear on different package types. It would give the Federal Trade Commission (FTC) authority to enforce the label rules, require agency guidance within 180 days, and set a one-year phase-in for covered products.

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  • Consumers and households: Users must see a "Do Not Flush" label or symbol in a place visible each time a wipe is dispensed for many packaging types.
  • Manufacturers and retailers: Covered entities must follow detailed placement and visibility rules by packaging type, meet minimum size and contrast standards (each mark at least 2 percent of the principal display panel), and follow exemptions for combined products, bulk packaging, and very small packs (packages smaller than 3 inches by 3 inches).
  • Regulators and states: The FTC treats violations as unfair or deceptive acts and may use its full enforcement powers. The FTC must issue compliance guidance within 180 days with the EPA, FDA, and CPSC, and the federal standard preempts state labeling rules that are not identical.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

New Do Not Flush labels for wipes

If enacted, makers and retailers of premoistened, nonwoven wipes would need clear Do Not Flush labels. The symbol and text would each cover at least 2% of the main display panel and have at least 70% contrast. Labels would be visible each time a wipe is dispensed, with rules for canisters, flexible pouches, rigid tubs, and bulk packs. A flip lid could carry the notice if the notice covers at least 8% of the lid. Small packs under 3 by 3 inches would qualify if the symbol and notice are prominent and visible. Packaging seams or design would not be allowed to hide the label. Companies would be barred from saying or implying the wipes are flushable. The symbol would match the INDA/EDANA Do Not Flush mark. These rules would start one year after enactment.

FTC enforcement and one national standard

If enacted, the FTC would enforce these label rules as unfair or deceptive acts, with civil penalties. FTC actions would need to cite a specific violation of the statute, not just a departure from guidance. The FTC, with EPA, FDA, and CPSC, would issue advisory guidance within 180 days. State and local Do Not Flush label rules that are not identical would be preempted. Enforcement would begin one year after enactment.

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

  • Sen. Collins, Susan M. [R-ME]

    ME • R

    Sponsored 3/24/2025

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 3/24/2025

  • Sen. King, Angus S., Jr. [I-ME]

    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

  • Sen. Wyden, Ron [D-OR]

    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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