WIPPES Act

The entire labeling framework was restructured from indirect requirements (the FTC 'shall require' via regulations issued within 2 years) to direct statutory obligations on covered entities ('A covered entity shall label...'). The Commission retains rulemaking authority but the core requirements are now self-executing law.

The entire FIFRA coordination subsection was removed, including the requirement for joint FTC/EPA regulations for products containing pesticides, the 90-day product label submission deadline to EPA, and type size exception rules for conflicts with FIFRA or the Federal Hazardous Substances Act.

The provision allowing additional words or phrases on covered products describing consequences of flushing was removed entirely.

A new effective date provision was added: the section applies to covered entities beginning 1 year after enactment. This replaces the original provision that regulations would apply to products manufactured 90 days after regulations were issued.

Specific civil penalty amounts were removed: the original set a fine of up to $2,500 per day of violation with a $100,000 cap per single violation. The engrossed version relies on general FTC Act penalties without specifying amounts.

The flushability representation ban was narrowed. The original prohibited 'the representation or marketing of flushable attributes, performance, or efficacy benefits.' The engrossed version only prohibits 'any express or implied representation that such covered product can or should be flushed.'

The state preemption provision was broadened from preempting state 'restrictions' on Do Not Flush labeling to preempting state 'requirements' that are not identical to federal requirements. A new definition of 'State' was added to include DC, commonwealths, territories, and possessions.

The definition of 'covered entity' was broadened to include 'individual or group of individuals' in addition to manufacturers, wholesalers, suppliers, and retailers. However, 'covered product' was slightly narrowed from 'sold or offered for sale' to 'sold or offered for retail sale.'

The symbol definition was updated from referencing a specific edition (Edition 4; May 2018) of the INDA/EDANA guidelines to 'the most recent edition,' and now allows the Commission to adopt an equivalent symbol through rulemaking.

A new 'Authority preserved' clause was added stating that nothing in the section limits the Commission's authority under any other provision of law, and the enforcement section now explicitly allows the Commission to promulgate regulations under section 553 of title 5.