WIPPES Act

The Wastewater Infrastructure Pollution Prevention and Environmental Safety Act, or WIPPES Act, establishes mandatory "Do Not Flush" labeling requirements for specific nonwoven disposable wipes. This includes baby wipes or diapering wipes, as well as household or personal care wipes that contain petrochemical-derived fibers and have a significant potential to be flushed. The legislation aims to prevent wastewater infrastructure issues caused by improper disposal of these products. Covered entities, such as manufacturers and retailers, must clearly and conspicuously display both a "Do Not Flush" symbol and the written label notice "Do Not Flush" on product packaging. These labels must be highly contrasting with the background and occupy at least 2 percent of the principal display panel's surface area. The bill also prohibits any express or implied representations that these products are flushable. Specific placement rules are outlined for various packaging types, including cylindrical, flexible film, rigid, and bulk packaging, ensuring the label is visible each time a wipe is dispensed or used. For instance, on cylindrical packaging, the symbol and notice must be on the principal display panel or the symbol on the panel and the notice on a flip lid. Exemptions exist for certain bulk or combined product packaging where individual items are already labeled or outer packaging does not obscure the label. The Federal Trade Commission (FTC) is tasked with enforcing these labeling requirements, treating violations as unfair or deceptive acts or practices under the Federal Trade Commission Act. The FTC has the authority to issue guidance to assist entities in compliance, though such guidance does not create new rights or bind the Commission in enforcement actions. This ensures a consistent federal standard for product labeling. Furthermore, the Act includes a preemption clause, preventing states or political subdivisions from establishing or maintaining "Do Not Flush" labeling requirements that differ from the federal standard. This provision ensures uniformity across jurisdictions. The requirements of this Act will become effective one year after its enactment, allowing covered entities time to adapt their packaging and labeling practices.