Bill
HB 3409
Prohibits Illinois cosmetic products from intentionally containing listed hazardous chemicals (with narrow exceptions), aligning state rules with EU bans and prompting reformulation.
Status (selected actions)
- Introduced: Feb 18–26, 2025 (Rep. Sonya M. Harper).
- House: Referred to Public Health; Do Pass recommendation (Mar 20, 2025); Passed 3rd Reading (Apr 8, 2025) 69–38.
- Senate: Arrived Apr 9, 2025; Chief Senate Sponsor Sen. Cristina Castro; Alternate Chief Co-Sponsor Sen. Mattie Hunter (added Apr 30, 2025).
- Companion bill: SB 997.
Purpose
- To prohibit — with limited, narrowly‑defined exceptions — the manufacture, sale, delivery, holding, or offering for sale in Illinois of cosmetic products that intentionally contain specified hazardous chemical ingredients. The Act is intended to align Illinois law with the European Union’s prohibitions under Regulation No. 1223/2009 and later amendments.
Key definitions (selected)
- “Cosmetic product”: substance or mixture applied to the human body to clean, change appearance, or protect it; includes makeup, hair products, perfumes, nail products, soaps, lotions, tanning products. Incorporates the federal definition in 21 U.S.C. §321.
- “Ingredient”: any single chemical entity or mixture used as a component of a cosmetic product; excludes “incidental ingredient” as described at 21 C.F.R. 701.3(l).
- “Chemical Abstracts Service number (CAS no.)”: unique numerical identifier for chemicals.
Prohibited ingredients (intentional addition)
- The bill prohibits cosmetics that intentionally contain a list of specific hazardous substances, identified by name and CAS number. The named chemicals include, among others:
- Phthalates: dibutyl phthalate (CAS 84‑74‑2); diethylhexyl phthalate (CAS 117‑81‑7).
- Formaldehyde and related substances: formaldehyde (50‑00‑0); paraformaldehyde (30525‑89‑4); methylene glycol (463‑57‑0); quaternium‑15 (51229‑78‑8).
- Mercury (7439‑97‑6).
- Certain parabens: isobutylparaben (4247‑02‑3); isopropylparaben (4191‑73‑5).
- Phenylenediamines: the engrossed text lists o‑ and m‑phenylenediamine and their salts with CAS references (text in the copy provided is partially redacted/garbled).
- A suite of per‑ and polyfluoroalkyl substances (PFAS) and their salts — including PFOS, PFOA, PFNA, and multiple specific perfluoroalkyl sulfonates/acid salts — identified by name and CAS numbers in the bill.
Exemptions
- A person is not in violation if:
1. The product was manufactured through a process intended to comply with the Act; and
2. The product contains only a “technically unavoidable trace quantity” of a prohibited ingredient due to (A) an impurity of a natural or synthetic ingredient, (B) the manufacturing process, (C) storage, or (D) packaging.
Who is affected
- Cosmetic manufacturers, formulators, importers, distributors, wholesalers, retailers and others who sell or offer cosmetic products in Illinois.
- Consumers may see reformulation, product discontinuations, labeling changes, or new “PFAS‑free/chemical‑free” market offerings.
- Suppliers of raw ingredients used in cosmetics will be affected if they provide any of the prohibited substances.
Potential impacts and notes
- Likely regulatory/compliance impacts include product reformulation, testing to verify absence of intentionally added listed chemicals, supply‑chain vetting, and possible increased production costs.
- The bill text provided contains some formatting/typographical gaps in the list of banned substances (notably portions of items 10–12). Stakeholders should consult the official engrossed bill text on the Illinois General Assembly website or the companion SB 997 for the definitive chemical list and CAS numbers.
- The engrossed version does not specify penalty provisions or an enforcement agency in the excerpt provided; review of the full bill text is recommended to determine enforcement, effective dates, and civil or administrative remedies.
Compiled from official sources — confirm details with the bill’s official record.
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