Soaps, lotions, balms, scrubs, deodorants and lip care
True soap is a consumer product; lotions, balms and ‘moisturizing’ washes are cosmetics; treatment claims make a drug. Fix the claims before you print labels.
Even small makers must keep safety-substantiation records, report serious adverse events to FDA within 15 business days, and put a U.S. contact for adverse events on the label. Under $1M in average annual cosmetic sales you’re exempt from facility registration and product listing (GMP rules, once final, are also exempt for small businesses).
Label with identity, net quantity, ingredients (descending order), and your name and place of business. Register with IDOR and charge the general sales-tax rate plus local tax. Illinois’ new cosmetic-ingredient ban starts July 1, 2028 — screen formulas now.
| Item | Rule | Regulator |
|---|---|---|
| FDA registration / listing | Small businesses (< $1M avg. annual cosmetic sales, 3 yrs) exempt — except eye-area, injectable, ingestible and long-lasting-appearance products. | FDA |
| Safety substantiation | Required for every cosmetic, every size of business. | FDA |
| Adverse events | Report serious events within 15 business days; keep records (3 yrs for small businesses); U.S. contact on label. | FDA |
| Illinois ingredient ban | Chemicals in Cosmetic Products Act (HB 3409, signed July 10, 2026): 24 intentionally added ingredients banned from July 1, 2028 — incl. certain phthalates, formaldehyde/releasers, mercury, some parabens, PFAS. Covers soaps and lotions. | Illinois General Assembly |
| Sales tax | Personal grooming & hygiene products (soap, shampoo, lotions) are taxed at the general rate. | IDOR |
Is handmade soap regulated by FDA?
Only if it’s a cosmetic (claims beyond cleansing, or added moisturizers marketed as such). Plain soap sold as soap falls to CPSC labeling rules.
Do I need to test every batch?
MoCRA requires an adequate, documented basis that each product is safe. Talk to a cosmetic chemist or safety assessor about what fits your formulas.
Can I sell body care at a farmers market?
Yes as a general consumer product — the farmers-market rules for food don’t cover it, but check the market’s own vendor rules.
What happens in 2028?
Products with any of the 24 banned intentionally added ingredients can’t be made or sold in Illinois after July 1, 2028 (trace amounts that are technically unavoidable are excepted).