H.R. 2964House118th Congress (2023-2025)Passed House

WIPPES Act

Introduced April 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 6:54 AM UTC

The Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act requires manufacturers, wholesalers, and retailers of pre‑moistened disposable wipes—such as baby wipes, antibacterial wipes, and personal‑care wipes—to place a clear “Do Not Flush” label and symbol on their packaging. The law sets detailed size, placement, and contrast standards for the label and bans any claim that the wipes can be flushed. The Federal Trade Commission is tasked with enforcing the rule, and the Act preempts any state laws that differ from its requirements.

Key Provisions

  • Packaging must display a “Do Not Flush” symbol and the words “Do Not Flush” in a location that is clear, conspicuous, and at least 2% of the main display panel’s area, with high‑contrast colors (minimum 70% contrast).
  • Specific placement rules are laid out for cylindrical, flexible‑film, rigid, bulk, and combined‑product packaging, including requirements for flip‑lid displays and outer‑packaging visibility.
  • Manufacturers and other covered entities may not make any express or implied statements that the wipes are flushable.
  • The Federal Trade Commission can enforce the labeling rule as an unfair or deceptive practice under the FTC Act and may issue regulations after consulting other agencies.
  • State or local laws that impose different labeling requirements for covered wipes are preempted by this Act.
  • The requirements become effective one year after the law is enacted.

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

June 12, 2024

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HouseIntro Referral

Introduced in House

April 27, 2023

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

April 27, 2023

HouseCommittee

Referred to the Subcommittee on Innovation, Data, and Commerce.

April 28, 2023

HouseCommittee

Subcommittee Consideration and Mark-up Session Held

November 2, 2023

HouseCommittee

Forwarded by Subcommittee to Full Committee by Voice Vote.

November 2, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

December 5, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

December 6, 2023

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 42 - 0.

December 6, 2023

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-447.

April 5, 2024

HouseCalendars

Placed on the Union Calendar, Calendar No. 371.

April 5, 2024

HouseFloor

Mr. Bilirakis moved to suspend the rules and pass the bill, as amended.

June 11, 2024 • 5:30 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3707-3709)

June 11, 2024 • 5:30 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2964.

June 11, 2024 • 5:30 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 11, 2024 • 5:36 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3709-3710)

June 11, 2024 • 7:02 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 351 - 56 (Roll no. 249). (text: CR H3707-3708)

June 11, 2024 • 7:10 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 351 - 56 (Roll no. 249). (text: CR H3707-3708)

June 11, 2024 • 7:10 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 11, 2024 • 7:10 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

June 11, 2024 • 7:10 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

June 12, 2024

Floor Debate

7 members

What members said about H.R. 2964 on the floor

3 Republicans4 Democrats
Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Jun 11, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2964) to require the Federal Trade Commission to issue regulations requiring certain products to have ``Do Not Flush'' labeling, and…

Lisa C. McClain
Rep. Lisa C. McClainR-MI-9 · Jun 11, 2024

Mr. Speaker, I rise today in support of the WIPPES Act, bipartisan, bicameral legislation that I introduced alongside Congresswoman Peltola of Alaska, Senator Jeff Merkley of Oregon, and Senator…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 11, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise to speak in support of H.R. 2964, the WIPPES Act. The improper disposal of nonflushable wipes can damage critical plumbing…

Dina Titus
Rep. Dina TitusD-NV-1 · Jun 11, 2024

Mr. Speaker, I was absent from the floor and the roll call votes for the Motions to Suspend the Rules and Pass H.R. 6543 and H.R. 2964. Had I been present, I would have voted YEA on Roll Call No.…

Katie Porter
Rep. Katie PorterD-CA-47 · Jun 11, 2024

Mr. Speaker, I was unable to be present to cast my vote on Roll Call No. 248 and Roll Call No. 249. Had I been present, I would have voted YEA on Roll Call No. 248 and YEA on Roll Call No. 249.

Show 2 more
Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · Jun 12, 2024

Mr. Speaker, due to unforeseen circumstances, I was unable to cast my vote for H.R. 2964. Had I been present, I would have voted YEA on Roll Call No. 249.

Josh Gottheimer
Rep. Josh GottheimerD-NJ-5 · Jun 11, 2024

Mr. Speaker, I missed the following votes, but had I been present, I would have voted YEA on Roll Call No. 248 and YEA on Roll Call No. 249.

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued June 12, 2024

IIB

118th CONGRESS

2d Session

H. R. 2964

IN THE SENATE OF THE UNITED STATES

June 12, 2024

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

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


1.

Short title

This Act may be cited as the Wastewater Infrastructure Pollution Prevention and Environmental Safety Act or the WIPPES Act.

2.

Do not flush labeling

(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).

(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 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.

(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.

(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.

(4)

Authority preserved

Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.

(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.

(g)

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 in 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), or an otherwise equivalent symbol adopted by the Commission through rulemaking under this section.

(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.

Passed the House of Representatives June 11, 2024.

Kevin F. McCumber,

Clerk.