S. 1092: Wastewater Infrastructure Pollution Prevention and Environmental Safety Act

The Wastewater Infrastructure Pollution Prevention and Environmental Safety Act, also referred to as the WIPPES Act, focuses on improving environmental safety by regulating the labeling of certain disposable wipe products. Here’s a summary of the key provisions:

Labeling Requirements

The Act mandates that manufacturers and retailers of specific disposable wipes must include a 'Do Not Flush' label on their products. This applies to products such as:

• Baby wipes
• Household cleaning wipes
• Antibacterial or disinfecting wipes

The label must be clearly visible and displayed in multiple locations on the product packaging, depending on the type of packaging used:

• Cylindrical Packaging: The label must appear on the principal display panel or on a flip lid if applicable.
• Flexible Film Packaging: Labels must be displayed on the main or dispensing side panel.
• Rigid Packaging: The label must be prominently shown on the principal display panel.
• Bulk Packaging: Both the outer packaging and individual packaging must show the label.

Visibility Standards

The Act sets standards for the visibility of the 'Do Not Flush' label. It specifies that:

• The label should be reasonably large, occupying at least 2% of the surface area of the principal display panel.
• It should have a high contrast with the background to ensure it is easily readable.

False Representations

Covered entities are prohibited from making any claims—explicit or implied—that their products can be flushed down toilets. This aims to prevent consumer misunderstanding about the flushability of non-flushable products, which can lead to environmental pollution and infrastructure problems.

Enforcement and Compliance

The Federal Trade Commission (FTC) is authorized to enforce the provisions of this Act. Violations would be treated as violations of the FTC Act, enabling the FTC to impose penalties. Moreover, guidance will be issued by the FTC to help companies comply with the labeling and marketing requirements within 180 days after the law is enacted.

Preemption of State Laws

Once this Act is enacted, states will not be able to create or maintain their own requirements regarding 'Do Not Flush' labeling that differ from the Act, ensuring uniformity across the nation.

Effective Date

The requirements of the Act will take effect one year after it is signed into law, allowing time for compliance from product manufacturers and retailers.

Definitions

The Act includes definitions for critical terms to clarify its scope, including:

• Covered Product: Refers to premoistened wipes that are marketed as baby wipes or household cleaning wipes.
• Covered Entity: Refers to manufacturers, suppliers, and retailers responsible for the packaging and labeling of the wipes.

Relevant Companies

Some publicly traded companies likely to be significantly impacted by this legislation include:

• PG (Procter & Gamble): As a major producer of household and personal care products with a range of wipe products, they will need to ensure compliance with the new labeling requirements.
• CLX (The Clorox Company): Clorox markets various cleaning wipes, which will also be subject to the new labeling and marketing rules.
• KMB (Kimberly-Clark Corporation): They produce well-known brands associated with personal care and household cleaning products, including wipes, and will need to adjust their packaging to comply.