Cosmetic ingredient laws in Illinois

"Cosmetics" means products that are: (1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of the human body for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; or (2) intended for use as a component of any product described in paragraph (1). "Cosmetics" includes soap.

"Intentionally added PFAS" means PFAS that are deliberately added during the manufacture of a product if the continued presence of the PFAS is desired in the final product or desired in one of the product's components to perform a specific function in the final product. "Intentionally added PFAS" does not include PFAS that are present in the product due to use of water containing PFAS if the manufacturer took no action that resulted in the PFAS being present in the water.

"Perfluoroalkyl substance or polyfluoroalkyl substance" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Product" means an item that is manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including, but not limited to, its product components, and that is sold or distributed for personal, residential, commercial, or industrial use. "Product" does not include: (1) a prosthetic or orthotic device or any item that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration; (2) packaging for the items described in paragraph (1); and (3) products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act.

(415 ILCS 170/45 new) Sec. 45. Other banned products; other civil penalties; enforcement. (a) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this State the following products if the product contains intentionally added PFAS: (1) cosmetics; (2) dental floss; (3) juvenile products; (4) menstrual products; or (5) intimate apparel. (b) Subsection (a) of this Section does not apply to: (1) a product for which federal law governs the presence in the product of a perfluoroalkyl substance or polyfluoroalkyl substance in a manner that preempts State authority; (2) used products offered for sale or resale; (3) an electronic or internal component of a product; or (4) refrigerants, foams, and aerosol propellants that are listed as acceptable, acceptable subject to use conditions, or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy Program, 40 CFR 82, Subpart G, as long as the refrigerant, foam, or aerosol propellant is sold, offered for sale, or distributed for sale for the use for which it is listed pursuant to that program, except to the extent the items described in this paragraph (4) are used in personal care products. (c) By August 1, 2027, the Agency shall submit a report to the General Assembly that includes an assessment of statutory and regulatory authority, administrative infrastructure, research capabilities, and funding necessary to develop and implement a program for the review of fluoropolymers used in consumer products and their potential threat to human health and the environment. The report shall include an assessment of available scientific data regarding fluoropolymers, as well as an assessment of other State or federal statutory or regulatory actions taken regarding fluoropolymers. The report shall also include an assessment of potential critical uses of fluoropolymers and their relation to the supply chain. In this subsection, "fluoropolymers" means fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a perfluorinated or polyfluorinated carbon-only backbone or a perfluorinated polyether. (d) A person, other than a manufacturer subject to Section 35 of this Act, who knowingly violates this Section is subject to a civil penalty not to exceed $5,000 for the first violation and a civil penalty not to exceed $10,000 for each subsequent violation. Civil penalties collected under this Section must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

Section 99. Effective date. This Act takes effect upon becoming law.

Section 1. Short title. This Act may be cited as the Chemicals in Cosmetic Products Act. Section 5. Purpose. The Act is intended to prohibit, except under certain circumstances, a person from knowingly manufacturing, selling, delivering, holding, or offering for sale in the State a cosmetic product that contains certain ingredients. This Act is intended to be consistent with the prohibition on the presence of the same intentionally added ingredients in cosmetics enacted by the European Union under European Parliament and Council Regulation No. 1223/2009 and subsequent amendments.
Section 10. Definitions. In this Act: "Chemical Abstracts Service number" or "CAS no." means a unique numerical identifier assigned to a chemical substance by the Chemical Abstracts Service, a division of the American Chemical Society, allowing for precise identification of a specific chemical regardless of its different names or forms. "Cosmetic product" means a substance or mixture that is intended to be applied to the human body to clean, change its appearance, or protect it. "Cosmetic product" includes makeup, hair products, nail products, soaps and lotions, tanning products, and perfumes and eau de cologne. "Cosmetic product" includes the definition of "cosmetic" in 21 U.S.C. 321. "Ingredient" means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product. "Ingredient" does not include an incidental ingredient, as described in 21 CFR 701.3(l). Section 15. Prohibition; exemptions. (a) Except as provided in subsection (b) of this Section, a person may not knowingly manufacture, sell, deliver, hold, or offer for sale in the State a cosmetic product that contains any of the following intentionally added ingredients: (1) Dibutyl phthalate (CAS no. 84-74-2); (2) Diethylhexyl phthalate (CAS no. 117-81-7); (3) Formaldehyde (CAS no. 50-00-0); (4) Paraformaldehyde (CAS no. 30525-89-4); (5) Methylene glycol (CAS no. 463-57-0); (6) Quaternium-15 (CAS no. 51229-78-8); (7) Mercury (CAS no. 7439-97-6); (8) Isobutylparaben (CAS no. 4247-02-3); (9) Isopropylparaben (CAS no. 4191-73-5); (10) m-Phenylenediamine and its salts (CAS no. 108-45-2); (11) o-Phenylenediamine and its salts (CAS no. 95-54-5); or (12) the following per- and polyfluoroalkyl substances (PFAS) and their salts: (A) Perfluorooctane sulfonate (PFOS) or heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1); (B) Potassium perfluorooctanesulfonate or potassium heptadecafluorooctane-1-sulfonate (CAS no. 2795-39-3); (C) Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8); (D) Ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate (CAS no. 29081-56-9); (E) Lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate (CAS no. 29457-72-5); (F) Perfluorooctanoic acid (PFOA) (CAS no. 335-67-1); (G) Ammonium pentadecafluorooctanoate (CAS no. 3825-26-1); (H) Nonadecafluorodecanoic acid (CAS no. 335-76-2); (I) Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7); (J) Sodium nonadecafluorodecanoate (CAS no. 3830-45-3); (K) Perfluorononanoic acid (PFNA) (CAS no. 375-95-1); (L) Sodium heptadecafluorononanoate (CAS no. 21049-39-8); or (M) Ammonium perfluorononanoate (CAS no. 4149-60-4). (b) A person is not in violation of this Section if the person manufactures, sells, delivers, holds, or offers for sale in the State a cosmetic product that: (1) was manufactured through a process intended to comply with this Act; and (2) contains a technically unavoidable trace quantity of an ingredient listed in subsection (a) of this Section due to: (A) an impurity of a natural or synthetic ingredient; (B) the manufacturing process; (C) storage; or (D) packaging.
Section 99. Effective date. This Act takes effect July 1, 2028.