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HB 2874

Cities and Towns; Cities and Towns Act of 2025; effective date.

2025 Regular Session Introduced by Toni Hasenbeck

Illinois narrows ephedrine product controls, exempts prescription‑dispensed and certain OTC forms with strict labeling limits, and imposes penalties for noncompliance.

Second Reading referred to Rules
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Bill Summary · HB 2874

HB 2874 — Controlled Sub‑Ephedrine (Public Act 104‑0252) — Summary

Purpose

Amends Section 216 of the Illinois Controlled Substances Act to clarify which ephedrine‑containing products are exempt from certain statutory controls and to add an explicit exception for products dispensed by prescription. The law tightens marketing limits on ephedrine products and sets criminal penalties for violations. It takes effect January 1, 2026.

Key provisions

  • Amends 720 ILCS 570/216 (Ephedrine).
  • Exemptions from Sections 312 and 313 apply to ephedrine products only if they:
    • May lawfully be sold OTC under the Federal Food, Drug, and Cosmetic Act;
    • Are labeled and marketed consistent with 21 C.F.R. §341.76;
    • Are manufactured/distributed for legitimate medicinal use that reduces the likelihood of abuse; and
    • Are not marketed, advertised, or labeled for these indications: stimulation, mental alertness, weight loss, muscle enhancement, appetite control, or energy.
  • Specific product forms eligible for exemption:
    • Solid oral dosage forms (including soft gelatin caplets) formulated per 21 C.F.R. §341 (or successor) and packaged in blister packs with no more than 2 tablets per blister.
    • Anorectal preparations containing no more than 5% ephedrine.
  • Prohibits marketing/advertising/labeling ephedrine (or its salts/isomers) for the listed stimulation/weight‑loss/energy indications. The Illinois Department of Public Health may consider packaging, name/labeling, advertising/distribution, verbal representations, and extent/duration of misuse in assessing compliance.
  • Criminal penalties: a violation is a Class A misdemeanor; a second or subsequent violation is a Class 4 felony.
  • Exemptions preserved:
    • Dietary supplements, herbs, and other natural products (including concentrates/extracts) that are legal, contain naturally occurring ephedrine/alkaloids/pseudoephedrine in an organic matrix, and do not exceed 15% of the natural product’s total weight.
    • The Section does not limit the Methamphetamine Precursor Control Act.
    • New explicit carve‑out: does not apply to products dispensed/delivered by a practitioner or pharmacy pursuant to a prescription issued by an authorized prescriber (in Illinois or another state) for a valid medical purpose in the course of professional practice.

Who is affected

  • Manufacturers, packagers, marketers, and retailers of ephedrine‑containing OTC drugs (must comply with federal labeling, packaging limits and marketing prohibitions).
  • Pharmacies and prescribers (prescription dispensed products are exempt).
  • Producers of dietary/natural products meeting the 15% and matrix criteria.
  • State agencies (Department) — responsible for enforcement and determining compliance.

Legislative status & timeline

  • Filed: February 14, 2025
  • Passed both chambers (House and Senate) — Third Reading passed May 22, 2025 (House); Senate passage earlier in April 2025
  • Sent to Governor: June 20, 2025
  • Governor approved: August 15, 2025
  • Enacted as Public Act 104‑0252; Effective date: January 1, 2026

Practical implications

Businesses selling ephedrine‑containing OTC products must review labeling, packaging (notably 2‑tablet blister packs for eligible oral forms), advertising, and promotional claims to avoid criminal exposure. Pharmacists and prescribers retain ability to dispense such products by prescription. The law coexists with Illinois’ Methamphetamine Precursor Control Act and preserves a limited natural‑product exemption.

Compiled from official sources — confirm details with the bill’s official record.

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