S 1092 United States Senate · 119th Congress

WIPPES Act

The WIPPES Act (S 1092) requires manufacturers and retailers to label specific wipes with a clear "Do Not Flush" notice and symbol. It directly affects producers of baby wipes, antibacterial wipes, cleaning wipes, and personal care wipes (like makeup remover or feminine hygiene wipes) that could be flushed. The law mandates precise labeling on packaging - ensuring visibility, high contrast, and specific placement depending on package type - while banning all claims that these wipes are flushable. Enforcement falls to the Federal Trade Commission under existing consumer protection laws, and the federal standard preempts conflicting state regulations.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Sep 2025
Senate Passage
Mar 2026
House Passage
President
Introduced Mar 24, 2025 Last action Mar 24, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced in Senate Engrossed in Senate · 7 edits · Mar 22, 2026
MODERATE
The Senate engrossed version of S 1092 significantly narrows the Federal Trade Commission's regulatory authority over Do Not Flush labeling. The bill removes the Commission's power to issue binding regulations and replaces it with a requirement to issue non-binding guidance within 180 days, subject to strict limitations that prevent enforcement based solely on guidance. It also removes the 'clearly and conspicuously' standard from the labeling requirement, narrows the approved symbol to only the INDA/EDANA version, and clarifies that products already packaged or sold before the effective date are exempt.
REQUIREMENT

Removed the words 'clearly and conspicuously' from the labeling requirement, eliminating the standard for how prominently the Do Not Flush label must appear on packaging.

ENFORCEMENT

Removed the Commission's authority to promulgate binding regulations under this section. All references to 'regulations promulgated under this section' were deleted throughout the enforcement and preemption provisions.

Added a new requirement that the Commission issue non-binding guidance within 180 days of enactment, in consultation with EPA, FDA, CPSC, and other agencies, to help covered entities comply.

Added strict limitations on the guidance: it cannot confer rights, does not bind the Commission or any person, enforcement actions must allege a specific violation of the statute itself, and the Commission may not base enforcement or consent orders on practices that merely deviate from guidance without also violating the section.

Changed the enforcement characterization from a violation of 'a regulation under' FTC Act section 18(a)(1)(B) to a violation of 'a rule defining an unfair or deceptive act or practice prescribed under' that same provision, making the legal basis more specific.

DEFINITION

Narrowed the definition of 'symbol' to only the Do Not Flush symbol as depicted in the INDA/EDANA guidelines. Removed the alternative allowing the Commission to adopt an equivalent symbol through rulemaking.

SCOPE

Added a grandfather clause to the effective date provision: the section shall not apply to any covered product packaged or sold before the one-year effective date, protecting products already in the market.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
10
Key actions
4
Committee
3
Mar 22, 2026
Upper · Passed
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S1521-1522; text of amendment in the nature of a substitute: CR S1521-1522)
upper
Mar 22, 2026
Upper · Passed
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
upper
Sep 19, 2025
Upper · Passed
Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with an amendment in the nature of a substitute. With written report No. 119-63.
upper
May 21, 2025
Upper · Passed
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
upper
Mar 24, 2025
Committee
Read twice and referred to the Committee on Commerce, Science, and Transportation.
upper
Mar 24, 2025
Introduced
Introduced in Senate
upper
1 primary · 9 co-sponsors

Sponsors