H.R. 2269 — WIPPES Act

This section requires a covered entity to label a covered product clearly and conspicuously with a "Do Not Flush" symbol and label notice according to packaging type—including cylindrical or near-cylindrical (e.g., on principal display panel or flip lid covering at least 8% of surface area), flexible film (e.g., on principal display panel and dispensing side), rigid refillable tubs (e.g., on principal display panel), bulk (e.g., on outer and inner packaging, with exemptions), and combined products (e.g., exemption for outer packaging and allowance for small packages under 3 by 3 inches)—ensuring the symbol and notice each equal at least 2% of the principal display panel surface area with high contrast and reasonable visibility each time a wipe is dispensed. The section further (1) prohibits any express or implied representations that a covered product can or should be flushed; (2) treats violations as unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)), enforceable by the FTC using its existing authorities and penalties; (3) authorizes the FTC to promulgate implementing regulations under APA procedures; and (4) preempts state or local requirements on "Do Not Flush" labeling of covered products that are not identical to these federal requirements.