Illinois Cosmetic Ingredient Ban Enacted: HB 3409 Takes Effect in July 2028

What Does the Illinois Cosmetic Ingredient Ban Cover?

The Act covers substances or mixtures intended to be applied to the human body to clean, change its appearance, or protect it. Examples include:

• Makeup;

• Hair and nail products;

• Soaps and lotions;

• Tanning products;

• Perfumes and eau de cologne.

The statutory definition also incorporates the federal definition of "cosmetic" under 21 U.S.C. 321. An incidental ingredient described in 21 CFR 701.3(l) is excluded from the Act's definition of an ingredient.

Which Cosmetic Ingredients Are Prohibited?

The law prohibits the intentional addition of:

• Dibutyl phthalate;

• Diethylhexyl phthalate;

• Formaldehyde;

• Paraformaldehyde;

• Methylene glycol;

• Quaternium-15;

• Mercury;

• Isobutylparaben;

• Isopropylparaben;

• m-Phenylenediamine and its salts;

• o-Phenylenediamine and its salts.

It also lists 13 specific PFAS substances and their salts, including PFOS, PFOA, PFNA, and related compounds. The provision is therefore a prohibition on the PFAS substances expressly identified in the Act, rather than a blanket ban on all PFAS.

Limited Exemption for Unavoidable Trace Quantities

A person is not in violation if the cosmetic product:

1. Was manufactured through a process intended to comply with the Act; and

2. Contains only a technically unavoidable trace quantity resulting from:

• An impurity in a natural or synthetic ingredient;

• The manufacturing process;

• Storage; or

• Packaging.

The Act does not specify a numerical threshold for this exemption. Companies relying on it should therefore be prepared to support both the origin of the trace quantity and the measures taken to comply with the law.

Impact and Recommended Actions for Cosmetic Companies

The Illinois law adds another state-specific ingredient restriction to the U.S. cosmetic compliance framework. Compliance with federal cosmetic requirements does not, by itself, confirm that a product meets Illinois requirements.

Companies supplying cosmetics to Illinois should:

• Screen formulations and raw materials against the listed chemical names and CAS numbers;

• Confirm whether regulated substances are intentionally added, including through raw-material mixtures;

• Request appropriate supplier information on composition, impurities, and residual substances;

• Assess trace quantities separately and document the basis for relying on the statutory exemption;

• Identify products requiring reformulation and allow sufficient time for safety, stability, and performance assessments;

• Review inventory and distribution arrangements, including e-commerce sales into Illinois, before July 1, 2028;

• Monitor other U.S. state cosmetic laws, as ingredient restrictions may differ by jurisdiction.

These are practical compliance measures rather than additional duties expressly created by HB 3409. The Act itself focuses on the prohibited commercial activities, the listed intentionally added ingredients, and the limited trace-quantity exemption.