WIPPES Act
What changed between versions
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.
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.
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.
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.