Illinois has enacted a law prohibiting the intentional use of two dozen chemical ingredients in cosmetics, making it the latest US state to adopt restrictions on substances of concern in beauty products.
Signed into law by Governor JB Pritzker (D) on 10 July, the Chemicals in Cosmetic Products Act (HB 3409) prohibits the manufacture, distribution or sale in Illinois of cosmetic products containing any of 24 intentionally added ingredients from 1 July 2028.
Substances subject to the law's prohibitions include formaldehyde, mercury, two parabens, certain phthalates and multiple PFAS (see box).
The statute largely mirrors bans first enumerated in California's 2020 Toxic-Free Cosmetics Act, as well as measures enacted more recently in Virginia and Maryland, reflecting an increase in states pursuing restrictions on substances of concern in goods regulated by the US Food and Drug Administration (FDA).
HB 3409 defines a cosmetic product as "a substance or mixture that is intended to be applied to the human body to clean, change its appearance or protect it".
Products subject to the ingredient prohibitions include make-up, hair products, nail products, soaps and lotions, tanning products, perfumes and eau de cologne.
As in the other states, Illinois' prohibitions do not apply to unavoidable trace amounts of substances in cosmetics that arise from impurities associated with manufacturing, storage or packaging, provided the products were "manufactured through a process intended to comply" with the law.
Prohibited ingredients
Under HB 3409, beginning 1 July 2028, the following substances may not be intentionally added to cosmetics manufactured, distributed or sold in Illinois:
- dibutyl phthalate (DBP);
- diethylhexyl phthalate (DEHP);
- formaldehyde;
- paraformaldehyde;
- methylene glycol;
- quaternium-15;
- mercury;
- isobutylparaben;
- isopropylparaben;
- m-phenylenediamine and its salts; and
- o-phenylenediamine and its salts.
The law also prohibits the intentional addition of the following PFAS and their salts:
- perfluorooctane sulfonate (PFOS) or heptadecafluorooctane-1-sulfonic acid;
- potassium perfluorooctanesulfonate or potassium heptadecafluorooctane-1-sulfonate;
- diethanolamine perfluorooctane sulfonate;
- ammonium perfluorooctane sulfonate or ammonium heptadecafluorooctanesulfonate;
- lithium perfluorooctane sulfonate or lithium heptadecafluorooctanesulfonate;
- perfluorooctanoic acid (PFOA);
- ammonium pentadecafluorooctanoate;
- nonadecafluorodecanoic acid (PFDA), commonly known as perfluorodecanoic acid;
- ammonium nonadecafluorodecanoate;
- sodium nonadecafluorodecanoate;
- perfluorononanoic acid (PFNA);
- sodium heptadecafluorononanoate; and
- ammonium perfluorononanoate.