The sale of products containing certain ingredients already banned in the EU will be prohibited in Illinois beginning July 1, 2028.
Illinois will regulate makeup and personal-care product formulas starting in a little under two years, adding to what’s already one of the country’s most burdensome regulatory environments.
Gov. J.B. Pritzker signed House Bill 3409 to create the Chemicals in Cosmetic Products Act. Starting July 1, 2028, businesses “may not knowingly make, sell, deliver, hold or offer for sale” cosmetics with a list of ingredients already banned in the European Union.
What products are potentially affected?
Pritzker’s new law applies to:
- Makeup
- Hair products
- Nail products
- Soaps and lotions
- Tanning products
- Perfumes and colognes
Makeup and personal-care products may need to be reformulated or removed from Illinois before the law takes effect.
A company needs to change products made or sold in Illinois only if they contain a banned ingredient.
Large multinational brands have formulas complying with EU standards and will see this change as part of normal product development.
L’Oréal’s Maybelline is one of the best-known brands that needs to replace a product sold in Illinois: It’ll need to shift a washable mascara containing a banned ingredient with the version sold in the EU.
While the beauty industry rethinks product formulas, compliance costs may fall more to small manufacturers that need to make changes to products sold in Illinois.
Do other states have similar laws?
Illinois joins eight other states with laws regulating ingredients in cosmetic products beyond the federal baseline.
Protecting consumers from harmful chemicals is a worthwhile goal, but those protections should be balanced against the costs new regulations impose.
Illinois is already the 4th-most regulated state in the U.S.
As of 2023, Illinois had over 282,000 instances of “restrictive” language in its legal code, fourth-highest among states. “Restrictive language” includes legal requirements such as “shall” or “may not.”
The state’s regulatory environment is among the country’s most burdensome, ranking 41st. Each new mandate can add compliance costs, limit businesses’ flexibility and contribute to higher prices or fewer choices for consumers.
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