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As Multinational Corporations Attack D.C. Home Rule, Norton Calls on Members to Stop Abusing Congressional Authority Over D.C. and Pursue National Wipes Labeling Legislation Instead

June 29, 2017

Washington, DC – As powerful multinational corporations, led by Kimberly-Clark, continue to aggressively lobby Members of Congress from both parties and in both chambers to block the District of Columbia's new wet wipes labeling law with an appropriations rider, Congresswoman Eleanor Holmes Norton (D-DC) today called on Members considering such action to instead pursue national labeling legislation if they disagree with the merits of local labeling laws. Several cities and states have debated legislation similar to the District's law regulating the labeling of personal hygiene products, particularly wet wipes, as safe to flush. Under the Commerce Clause, Congress has the legitimate authority to regulate the labeling of consumer paper products shipped in interstate commerce, and could preempt state and local labeling laws.

"This is the first time in memory that multinational corporations have challenged a local D.C. law in Congress," Norton said. "While we have previously faced conservative interest groups trying to bully the District, we are now confronted by companies wielding their economic power and campaign contributions to try to get Members to do their bidding. The District is not unique among cities and states in considering wipes labeling legislation, but it is unique in being subject to undemocratic abuse by Congress. If Members think local and state wipes labeling laws are bad policy, they should have the courage of their convictions to pursue national labeling legislation in the light of day, instead of trying to abuse Congress' authority over the District through a hidden appropriations rider."

The D.C. Council unanimously passed the law, the Nonwoven Disposable Products Act of 2016, and the mayor signed it, after the Council held a hearing with witnesses representing industry and wastewater utilities. In letters to Norton, the National Association of Clean Water Agencies (NACWA), which represents water utilities across the country, and DC Water expressed their strong support for D.C.'s law, indicating that wet wipes cause serious problems and create significant costs for ratepayers, the federal government, sewer systems, workers, waterways, homeowners and businesses. Indeed, according to NACWA, utilities spend up to $1 billion per year to address clogs and other problems caused by the flushing of wet wipes.

The Association of the Nonwoven Fabrics Industry (INDA) and its members have been actively lobbying to block the D.C. legislation for moths. After the industry tried but failed to find a Member to introduce a disapproval resolution to nullify the bill during the congressional review period this year, the industry began pursuing a rider to block the law during the appropriations process. Representative Andy Harris (R-MD), who serves on the Appropriations Committee, has said publicly he is considering blocking the D.C. law.

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