Illinois · Direct-to-Consumer ComplianceGENERAL CONSUMER PRODUCT

Aromatics

Candles, incense, wax melts, sprays, sachets and scent products

No permitCandles & incense aren’t food
FDA MoCRASkin-applied scents = cosmetics
Jul 1, 2028IL bans 24 cosmetic ingredients
6.25% + localGeneral sales-tax rate

1What’s covered & what needs more

Covered under this path

  • Candles, wax melts, incense and reed diffusers sold as décor/fragrance
  • Room and linen sprays, dried-herb sachets and potpourri with no health claims
  • Perfumes, colognes and body oils — regulated as cosmetics (see Body Care)

Needs a different path

  • Any treatment claim (‘relieves anxiety’, ‘kills germs’) — turns it into an unapproved drug or pesticide claim (FDA / EPA)
  • Essential oils sold to eat or drink — food and supplement rules apply
  • Hemp- or THC-infused products — see the Illinois Hemp Act (Nov 12, 2026)

2Three steps to compliant sales

A

Sort every product

Candles, incense and wax melts are ordinary consumer goods. Anything applied to skin or hair is a cosmetic; anything claiming to treat or prevent a condition is a drug. Decide the bucket before you write a label.

B

Label it right

Every package needs its identity, net quantity, and your name and place of business (Fair Packaging & Labeling Act). Cosmetics add an ingredient list and a U.S. contact for adverse-event reports. Add burn/use warnings for candles and incense.

C

Register, tax, insure

Register with IDOR (MyTax Illinois), collect the general sales-tax rate plus local tax, check city/county business-license and home-occupation rules, and carry product-liability insurance — candles carry real fire risk.

3Quick-reference table

ItemRuleRegulator
Candles, incense, wax meltsConsumer products. No Illinois cottage-food or food permit applies. Follow federal labeling (FPLA) and CPSC safety expectations.CPSC · FTC
Perfume, cologne, body oilCosmetic under FDA/MoCRA: safety-substantiation records, serious adverse events reported within 15 business days, ingredient list on the label.FDA
Small-business exemptionAverage gross annual cosmetic sales under $1M (3-yr average) = exempt from facility registration and product listing. Not exempt: eye-area, injectable, ingestible or long-lasting-appearance products.FDA
Illinois ingredient banChemicals in Cosmetic Products Act (HB 3409, signed July 10, 2026) bars 24 intentionally added ingredients — incl. certain phthalates, formaldehyde, mercury and PFAS — starting July 1, 2028. Covers perfumes and colognes.Illinois General Assembly
Health / pest claimsDisease-treatment or insect-repellent claims can make a product a drug or a pesticide.FDA · EPA

4Frequently asked

Do I need a cottage-food registration for candles or incense?

No. Cottage-food registration covers food and drink only.

Can I sell essential oils?

Yes — as fragrance or décor, without health claims. Oils meant for skin are cosmetics; oils meant to be swallowed are food or supplements with much stricter rules.

Do I have to register with FDA?

Not if your average annual cosmetic sales over the past three years are under $1M (and you don’t make excluded product types). You still owe safety substantiation, adverse-event reporting and proper labels.

Does the 2028 Illinois ban affect me now?

Not yet. It starts July 1, 2028 — but start checking fragrance and colorant ingredient lists now so you aren’t reformulating in a hurry.

Printable checklist

  • Sort every SKU: consumer product, cosmetic, or (avoid) drug/pesticide claim
  • Strip disease-treatment language from listings and labels
  • Label: product identity, net quantity, business name & address
  • Cosmetics: add ingredient list + U.S. adverse-event contact
  • Add candle/incense burn and use warnings
  • Keep batch records and safety-substantiation notes on file
  • Register with IDOR; confirm local business license
  • Product-liability insurance in place
Sales tax: General merchandise: 6.25% state rate plus local taxes. Register with IDOR through MyTax Illinois and look up the combined rate for each delivery address.