Bill Text: IL SB1671 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that in any product liability action based on any theory or doctrine commenced or maintained against a defendant or defendants other than the manufacturer, if the product was manufactured outside the United States and is offered for sale by a seller through an online marketplace, then the seller, the online marketplace, and the high-volume third-party seller are jointly and severally liable with the manufacturer for any harm caused by the product. Defines "seller", "online marketplace", and "high-volume third-party seller" to have the same meaning as used in the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act. Applies to causes of action accruing on or after the effective date of the Act.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced - Dead) 2025-03-20 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB1671 Detail]

Download: Illinois-2025-SB1671-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1671 Introduced 2/5/2025, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-621 from Ch. 110, par. 2-621
Amends the Code of Civil Procedure. Provides that in any product liability action based on any theory or doctrine commenced or maintained against a defendant or defendants other than the manufacturer, if the product was manufactured outside the United States and is offered for sale by a seller through an online marketplace, then the seller, the online marketplace, and the high-volume third-party seller are jointly and severally liable with the manufacturer for any harm caused by the product. Defines "seller", "online marketplace", and "high-volume third-party seller" to have the same meaning as used in the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act. Applies to causes of action accruing on or after the effective date of the Act.
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A BILL FOR
SB1671 LRB104 06324 JRC 16359 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-621 as follows:
(735 ILCS 5/2-621) (from Ch. 110, par. 2-621)
(Text of Section WITH the changes made by P.A. 89-7, which
has been held unconstitutional)
Sec. 2-621. Product liability actions.
(a) In any product liability action based on any theory or
doctrine commenced or maintained against a defendant or
defendants other than the manufacturer, that party shall upon
answering or otherwise pleading file an affidavit certifying
the correct identity of the manufacturer of the product
allegedly causing injury, death or damage. The commencement of
a product liability action based on any theory or doctrine
against such defendant or defendants shall toll the applicable
statute of limitation and statute of repose relative to the
defendant or defendants for purposes of asserting a strict
liability in tort cause of action.
(b) Once the plaintiff has filed a complaint against the
manufacturer or manufacturers, and the manufacturer or
manufacturers have or are required to have answered or

SB1671 - 2 - LRB104 06324 JRC 16359 b
otherwise pleaded, the court shall order the dismissal of a
product liability action based on any theory or doctrine
against the certifying defendant or defendants, provided the
certifying defendant or defendants are not within the
categories set forth in subsection (c) of this Section. Due
diligence shall be exercised by the certifying defendant or
defendants in providing the plaintiff with the correct
identity of the manufacturer or manufacturers, and due
diligence shall be exercised by the plaintiff in filing an
action and obtaining jurisdiction over the manufacturer or
manufacturers.
The plaintiff may at any time subsequent to the dismissal
move to vacate the order of dismissal and reinstate the
certifying defendant or defendants, provided plaintiff can
show one or more of the following:
(1) That the applicable period of statute of
limitation or statute of repose bars the assertion of a
cause of action against the manufacturer or manufacturers
of the product allegedly causing the injury, death or
damage; or
(2) That the identity of the manufacturer given to the
plaintiff by the certifying defendant or defendants was
incorrect. Once the correct identity of the manufacturer
has been given by the certifying defendant or defendants
the court shall again dismiss the certifying defendant or
defendants; or

SB1671 - 3 - LRB104 06324 JRC 16359 b
(3) That the manufacturer no longer exists, cannot be
subject to the jurisdiction of the courts of this State,
or, despite due diligence, the manufacturer is not
amenable to service of process; or
(4) That the manufacturer is unable to satisfy any
judgment as determined by the court; or
(5) That the court determines that the manufacturer
would be unable to satisfy a reasonable settlement or
other agreement with plaintiff.
(c) A court shall not enter a dismissal order relative to
any certifying defendant or defendants other than the
manufacturer even though full compliance with subsection (a)
of this Section has been made where the plaintiff can show one
or more of the following:
(1) That the defendant has exercised some significant
control over the design or manufacture of the product, or
has provided instructions or warnings to the manufacturer
relative to the alleged defect in the product which caused
the injury, death or damage; or
(2) That the defendant had actual knowledge of the
defect in the product which caused the injury, death or
damage; or
(3) That the defendant created the defect in the
product which caused the injury, death or damage.
(d) Nothing contained in this Section shall be construed
to grant a cause of action on any legal theory or doctrine, or

SB1671 - 4 - LRB104 06324 JRC 16359 b
to affect the right of any person to seek and obtain indemnity
or contribution.
(e) This Section applies to all causes of action accruing
on or after September 24, 1979.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 2-621. Product liability actions.
(a) In any product liability action based in whole or in
part on the doctrine of strict liability in tort commenced or
maintained against a defendant or defendants other than the
manufacturer, that party shall upon answering or otherwise
pleading file an affidavit certifying the correct identity of
the manufacturer of the product allegedly causing injury,
death or damage. The commencement of a product liability
action based in whole or in part on the doctrine of strict
liability in tort against such defendant or defendants shall
toll the applicable statute of limitation and statute of
repose relative to the defendant or defendants for purposes of
asserting a strict liability in tort cause of action.
(b) Once the plaintiff has filed a complaint against the
manufacturer or manufacturers, and the manufacturer or
manufacturers have or are required to have answered or
otherwise pleaded, the court shall order the dismissal of a
strict liability in tort claim against the certifying

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defendant or defendants, provided the certifying defendant or
defendants are not within the categories set forth in
subsection (c) of this Section. Due diligence shall be
exercised by the certifying defendant or defendants in
providing the plaintiff with the correct identity of the
manufacturer or manufacturers, and due diligence shall be
exercised by the plaintiff in filing an action and obtaining
jurisdiction over the manufacturer or manufacturers.
The plaintiff may at any time subsequent to the dismissal
move to vacate the order of dismissal and reinstate the
certifying defendant or defendants, provided plaintiff can
show one or more of the following:
(1) That the applicable period of statute of limitation or
statute of repose bars the assertion of a strict liability in
tort cause of action against the manufacturer or manufacturers
of the product allegedly causing the injury, death or damage;
or
(2) That the identity of the manufacturer given to the
plaintiff by the certifying defendant or defendants was
incorrect. Once the correct identity of the manufacturer has
been given by the certifying defendant or defendants the court
shall again dismiss the certifying defendant or defendants; or
(3) That the manufacturer no longer exists, cannot be
subject to the jurisdiction of the courts of this State, or,
despite due diligence, the manufacturer is not amenable to
service of process; or

SB1671 - 6 - LRB104 06324 JRC 16359 b
(4) That the manufacturer is unable to satisfy any
judgment as determined by the court; or
(5) That the court determines that the manufacturer would
be unable to satisfy a reasonable settlement or other
agreement with plaintiff.
(b-5) In any product liability action based on any theory
or doctrine commenced or maintained against a defendant or
defendants other than the manufacturer, if the product was
manufactured outside the United States and is offered for sale
by a seller through an online marketplace, then the seller,
the online marketplace, and the high-volume third-party seller
are jointly and severally liable with the manufacturer for any
harm caused by the product. "Seller", "online marketplace",
and "high-volume third-party seller" have the same meaning as
used in the Illinois Integrity, Notification, and Fairness in
Online Retail Marketplaces for Consumers Act.
(c) A court shall not enter a dismissal order relative to
any certifying defendant or defendants other than the
manufacturer even though full compliance with subsection (a)
of this Section has been made where the plaintiff can show one
or more of the following:
(1) That the defendant has exercised some significant
control over the design or manufacture of the product, or has
provided instructions or warnings to the manufacturer relative
to the alleged defect in the product which caused the injury,
death or damage; or

SB1671 - 7 - LRB104 06324 JRC 16359 b
(2) That the defendant had actual knowledge of the defect
in the product which caused the injury, death or damage; or
(3) That the defendant created the defect in the product
which caused the injury, death or damage.
(d) Nothing contained in this Section shall be construed
to grant a cause of action in strict liability in tort or any
other legal theory, or to affect the right of any person to
seek and obtain indemnity or contribution.
(e) This Section applies to all causes of action accruing
on or after September 24, 1979.
(f) This amendatory Act of the 104th General Assembly
applies to causes of action accruing on or after its effective
date.
(Source: P.A. 84-1043.)