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    Features

    Flushability Report

    As the battle over what is safe for sewage systems continues, the industry encourages labeling and consumer education to keep clogs at bay

    Karen McIntyre, Editor09.01.21
    As flushable wipes continue to outpace growth of overall disposable wipes, driven by changes in consumer bathroom habits, the market continues to be under fire for the products’ alleged role in causing clogs and other sewer problems in municipalities around the globe. INDA, the association of the nonwoven fabrics industry, has been spearheading industry wide efforts to not only refute these claims but also create testing methods and labeling guidelines for disposable wipes for more than a decade.

    Two years after INDA—and its flushable wipes advisory committee—launched the fourth edition of its flushability guidelines, which included updated testing methods as well as a code of practice for labeling both flushable and non-flushable wipes, the wipes industry can report some minor victories in both legislation and litigation efforts, president Dave Rousse said at the World of Wipes Conference in Atlanta last in July.

    On the litigation side of things, in April 2021, Kimberly-Clark reached a settlement over a “flushable” wipes suit with the city of Charleston, SC. Under the terms of the agreement, K-C must offer better labeling, manufacturing improvements and two years of testing.

    As part of the proposed settlement with the water management system of Charleston, SC, the maker of Scott toilet paper has agreed that its Cottonelle wipes labeled as “flushable” will meet the wastewater industry’s standards by May 2022. The lawsuit against Kimberly-Clark and other wipes manufacturers and retailers accuses the companies of selling “flushable” products that fail to disintegrate like toilet paper.

    In response to the agreement, Kimberly-Clark said it “has committed to even further improving the performance” of its flushable wipes under the settlement. The company said that its Cottonelle wipes already “pass widely accepted flushability specifications and are tested with plumbers.”

    The agreement is important for the wipes industry, which has largely maintained that its flushable wipes do indeed break down in water as advertised -- contrary to statements from municipalities that the products are creating a growing blockage problem.

    Analyses of several U.S. and U.K. sewer systems have shown that wipes engineered to be flushed make up a negligible percentage of sewer clogs, as low as 1-2%. Instead blockages tend to be caused by products not intended to be flushed like baby and cleaning wipes, paper towels and feminine hygiene items, as well as cooking oil and grease that makes its way into the system via other means.

    Therefore, INDA and the wipes supply chain have long asserted that banning flushable wipes is not the answer because consumers would simply use alternative products like baby wipes that should not be flushed. This would worsen the problem. Instead, the industry feels that labeling practices and consumer education would go further in solving the problem.

    This need has led to the formation of the Responsible Flushing Alliance, an independent nonprofit with a mission of educating consumers about responsible and smart flushing habits in partnership with wastewater and sanitation industries. The alliance, which was formed in late 2020, has hired Lara Wyss as its president.

    “I’m excited to take the lead for the Responsible Flushing Alliance as we work to raise awareness and education about how proper flushing contributes to a healthier home and office, safe environment and well-maintained sewer systems,” Wyss says. “Targeted and collaborative public education about what not to flush will lead to reduced wastewater costs and improve the health of our waterways and the safety of our public works professionals.”

    The first initiative that Wyss will spearhead for the Responsible Flushing Alliance is a consumer and industry education campaign to raise awareness about the proper disposal practices for non-flushable products and to advocate for the prominent placement of “Do Not Flush” labels on non-flushable products.

    Initially, the campaign will focus on California where the Responsible Flushing Alliance has partnered with the California Association of Sanitation Agencies (CASA) to develop an industry-led, statewide awareness campaign in California.

    “Just because an item can clear a toilet bowl, doesn’t mean it should be flushed,” Wyss says. “We’re looking forward to working with California’s sanitation and wastewater industries to raise awareness about what not to flush to keep our infrastructure operational.”

    Legislative Efforts
    Throughout the U.S., proposed legislation impacting the flushable wipes market continues to be considered, and INDA and its member companies have been working to promote labeling efforts. In March 2021, in Oregon, governor Kate Brown signed into law House Bill 2344, requiring manufacturers of personal care and household wipes for sale in the state of Oregon to clearly be labeled “Do Not Flush” on those wipes that are not intended for disposal in the toilet.

    Introduced in January 2021, this legislation received broad support from the wipes industry, as well as Oregon municipal wastewater agencies. During the Covid-19 pandemic, many municipalities saw an increase in volumes of inappropriately flushed baby wipes, hard surface cleaning/sanitizing wipes and other items not intended to be disposed via the toilet. Elevating consumer awareness of what should not be flushed—combined with the responsible labeling of products – is the key to addressing this issue.

    “The Responsible Flushing Alliance is pleased to support this legislation through our #FlushSmart consumer education initiatives,” says Wyss. “Our goal is to increase public awareness around how smart flushing habits lead to healthier homes and communities. Proper labeling is critical in educating consumers to recognize the difference between flushable and non-flushable products.”

    Similar legislation has passed in Washington state and is currently under review in California and awaiting the Governor’s signature in Illinois.

    Meanwhile, the law in Washington that passed in January, HB 2565, is intended to address the labeling of certain disposable wipes. The law, spearheaded by Rep. Fitzgibbon, chairman of the Washington House Environment and Energy Committee, represents a months-long cooperative effort between a coalition of Washington wastewater and municipal sector stakeholders led by the Association of Washington Cities and INDA, the trade association representing the wipes industry. The groups came together to tackle the problem of consumers flushing baby wipes, surface cleaning wipes and other “non-flushable” wipes that are not designed to be disposed in sewer systems. The law requires packages of these wipes to carry prominent “Do Not Flush” labeling to help guide consumers to dispose of them appropriately in the trash.

    “I introduced this legislation in response to concerns voiced by Washington sewer system operators that consumers are flushing certain categories of wipes that are not intended to be,” says Fitzgibbon. “I was pleased to sponsor legislation that brought together municipalities and industry to find a common sense solution to this problem and am proud that Washington is the first state in the nation to tackle this issue in a meaningful way.”

    “Improperly flushed wipes can be a contributing cause to sewer clogs and wastewater spills,” says Peter King, CEO of the Association of Washington Cities. “This bill was a collaborative effort between government and industry, which will provide consumers with clear disposal direction and protect the public’s sewer and wastewater systems.”

    Meanwhile, the California bill was introduced at the urging of the California Association of Sanitation Agencies that looked to create a standard for flushable wipes based on the IWSFG standard that would be so overly rigid that it would ban flushable wipes. INDA engaged a lobbyist and organized an industry coalition that was able to push back against this bill and was ultimately able to shift the focus of the bill to non-flushable labeling, similar to Washington.

    While these negotiations were more challenging and more charged than negotiations in Washington due to the presence of the California Product Stewardship Council, an influential NGO, and an overall legislative and political environment in California

    The result was a bill that took a different approach on establishing covered products stating the definition of a covered non-flushable wipe is a pre-moistened wipe marketed as a baby or diapering wipe or a pre-moistened nonwoven wipe that is made completely of partially petrochemical based fibers or is likely to be used in a bathroom setting. These wipes must carry a DNF symbol and label notice starting “Do Not Flush” and both must be 2% of PDP surface area with an exception of wipes regulated by the CPSC or EPA. These labeling requirements will go into effect July 1, 2022. The industry also agreed to conduct a consumer education program.

    By fall it is likely that more U.S. states will have bills focused on flushable wipes labeling which will hopefully inspire other states to take a similar approach. However, it is also likely that the wastewater community will insist that, despite the data, flushable wipes aren’t the issue in the sewer systems. The wastewater community in California is already indicating it will issue flushability performance standards.

    On the federal level, Rep. Lisa McClain is planning to introduce federal legislation that would include a flushability standard, a labeling directive and consumer education requirements.

    From a global perspective, the development of a national flushability standard is currently underway in Australia in response to confusion over what does and what does not constitute a flushable product. The development of this standard has been expedited during Covid-19 restrictions as there was an increase in blockages and fatbergs when individuals searched for alternatives to toilet paper. It is expected to outline methods for determining products suitable to be flushed down a domestic toilet and establish appropriate consumer disposal labeling requirements. INDA has issued a license to the fourth edition of its flushability guidelines (GD4) and these standards have the potential  to become an ISO standard with universal credibility.

    Meanwhile, Canada is also pushing for a national standard, while in Europe wipes manufacturers have committed to revisions in packaging labeling for flushable and non-flushable wipes.
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