Candles, incense, wax melts, sprays, sachets and scent products
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.
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.
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.
| Item | Rule | Regulator |
|---|---|---|
| Candles, incense, wax melts | Consumer products. No Illinois cottage-food or food permit applies. Follow federal labeling (FPLA) and CPSC safety expectations. | CPSC · FTC |
| Perfume, cologne, body oil | Cosmetic under FDA/MoCRA: safety-substantiation records, serious adverse events reported within 15 business days, ingredient list on the label. | FDA |
| Small-business exemption | Average 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 ban | Chemicals 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 claims | Disease-treatment or insect-repellent claims can make a product a drug or a pesticide. | FDA · EPA |
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.