Illinois Enacts the Chemicals in Cosmetic Products Act

Illinois has enacted new legislation that will impact manufacturers, distributors, and retailers of cosmetic and personal-care products. Governor J.B. Pritzker recently signed House Bill 3409, creating the Chemicals in Cosmetic Products Act, which takes effect on July 1, 2028.

Under the Act, businesses may not knowingly manufacture, sell, deliver, hold, or offer for sale cosmetic products containing certain ingredients that are prohibited under European Union regulations. The law applies to a wide range of products, including:

  • Makeup
  • Hair products
  • Nail products
  • Soaps
  • Lotions
  • Tanning products
  • Perfumes
  • Colognes

Companies that currently sell products containing a prohibited ingredient will need to reformulate those products for the Illinois market or discontinue their sale in the state before the law becomes effective. While many multinational manufacturers already produce formulations that comply with European Union standards, smaller manufacturers may face greater compliance costs associated with reformulation, testing, and inventory management.

Illinois joins a growing number of states adopting cosmetic ingredient restrictions that exceed existing federal requirements. Businesses should use the transition period before July 1, 2028, to review product formulations, assess supply chains, and evaluate any necessary operational changes to ensure compliance with the new law.

Manufacturers, distributors, and retailers should consult with legal counsel to understand how the Chemicals in Cosmetic Products Act may affect their products and compliance obligations.

If you have any questions regarding the Chemicals in Cosmetic Products Act, feel free to reach out to the qualified attorneys at RFC.

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