Illinois has enacted HB 3409, the Chemicals in Cosmetics Products Act, introducing restrictions on certain intentionally added chemicals in cosmetics sold, manufactured, delivered, held or offered for sale in the state. The law was signed by the Governor on July 10, 2026, and will take effect on July 1, 2028, providing companies with a two-year compliance period.

Beginning July 1, 2028, cosmetic products containing specified intentionally added substances will be prohibited from being manufactured, sold, delivered, held, or offered for sale in Illinois. The substances include Dibutyl phthalate (DBP), Diethylhexyl phthalate (DEHP), formaldehyde, paraformaldehyde, methylene glycol, quaternium-15, mercury, isobutylparaben, m-phenylenediamine and its salts, o-phenylenediamine and its salts, and specified PFAS and their salts, including PFOS, PFOA and PFNA.

The Act is intended to align Illinois restrictions with corresponding prohibitions under the European Union Cosmetics Regulations (EC) No. 1223/2009, as amended. Importantly, the law provides an exemption where a prohibited ingredient is present only as a technically unavoidable trace resulting from impurities in raw materials, the manufacturing process, storage, or packaging, provided the product was manufactured through a process intended to comply with the Act.

Cosmetic manufacturers and suppliers should begin reviewing formulations, raw material specifications, and supply chains against the substances listed under HB 3409 and assess reformulation needs well ahead of the July 1,2028 compliance date. To ensure your compliance with this new requirement, please contact us.