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HB 4702

DIAPER LABELING ACT

104th Regular Session Introduced by Laura Fine and 3 co-sponsors

The act requires plain ingredient labels on all diapers sold in Illinois within 18 months to improve transparency and help consumers avoid allergens.

Sent to the Governor
0
WeVote Research Nonpartisan
Bill Summary · HB 4702

Overview

HB4702 (Illinois, 104th Session) is the Diaper Labeling Act. The bill requires labeling of all ingredients in diapers sold in Illinois and establishes enforcement provisions and penalties for noncompliance. The aim is to protect adults, parents, and small children who may have allergies to diaper ingredients.

Purpose and Intent

  • Protect consumers from potential allergens present in diaper ingredients.
  • Improve transparency in labeling to help parents and caregivers make informed choices.

Key Provisions

  • Definitions
    • Diaper: Any garment or product inserted into a garment for absorbing feces and urine, including disposable and reusable diapers.
    • Ingredient: Any intentionally added substance present in a diaper.
  • Ingredient List Requirement (Section 15)
    • Timeframe: Within 18 months after the Act's effective date, every diaper package/box sold in Illinois must display a plain and conspicuous list of all ingredients, in order of predominance.
    • For ingredients at 1% or less, listing order can be any order.
    • Location: The ingredient list must be printed on the package/box or affixed to it.
    • Confidential/trade secret: If an ingredient is confidential or a trade secret, manufacturers may substitute with the common or functional name instead of the exact chemical identity.
    • Existing inventory: Products manufactured before the Act’s effective date that do not comply may be sold/distributed until existing stock is depleted.
  • Additional Labeling (Section 20)
    • The diaper labeling requirements are additive to any other labeling laws; they do not replace existing requirements.
  • Enforcement and Penalties (Section 25)
    • Civil Penalty: Violations of the ingredient listing requirement trigger a penalty equal to 1% of the violator’s total annual in-state diaper sales, with a maximum penalty of $1,000 per package or box.
    • Enforcement Responsibility: State’s Attorney of the county where the violation occurred or the Illinois Attorney General may bring civil actions to collect penalties and seek injunctions to stop violations.

Affected Parties

  • Diaper manufacturers and distributors selling diapers in Illinois.
  • Retailers and others involved in the sale or distribution of diapers within the state.
  • Consumers in Illinois who purchase diapers (including adults, parents, and caregivers) who may benefit from ingredient transparency.

Procedural and Timeline Details

  • Effective Date: The Act outlines an 18-month compliance period from the Act’s effective date for manufacturers to provide the ingredient lists on packaging.
  • Compliance Mechanisms: Lists must be printed on packaging or affixed to packaging; confidential ingredients may be denoted by common or functional names.
  • Inventory Provision: Pre-existing non-compliant products may remain on sale until inventory is depleted.
  • Enforcement Window: Civil penalties and injunctions are available to State’s Attorneys or the Attorney General for violations.

Practical Implications

  • Manufacturers will incur labeling and packaging changes to display complete ingredient lists.
  • Consumers gain visibility into diaper compositions, potentially reducing exposure to allergens.
  • Potential cost impacts for manufacturers could arise from labeling changes, with the added compliance risk of civil penalties for violations.

Sponsor and Legislative History (highlights)

  • Chief Sponsor: Rep. Tracy Katz Muhl (with additional co-sponsors from both chambers)
  • Senate Sponsor: Sen. Laura Fine (and others)
  • Key committee actions progressed through Consumer Protection, Judiciary – Civil, and related committees with standard readings and amendments before floor passage.
  • Status: Passed both Houses and sent to the Governor (as of the latest action).

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

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