In a product liability action, punitive damages shall not be awarded against a manufacturer or product seller if the conduct of the defendant manufacturer, seller, or reseller that allegedly caused the harm was approved by or was in compliance with standards set forth in an applicable federal or State statute or in a regulation or other administrative action promulgated by an agency of the federal or State government responsible for the safety or use of the product, which statute or regulation was in effect at the time of the manufacturer's or product seller's alleged misconduct, unless the plaintiff proves by clear and convincing evidence that the manufacturer or product seller intentionally withheld from or misrepresented to Congress, the State legislature, or the relevant federal or State agency material information relative to the safety or use of the product that would or could have resulted in a changed decision relative to the law, standard, or other administrative action.
2-2107.Punitive damages.
Article II. Civil Practice · Part 21. Product Liability · Last amended 1995 · Last verified July 20, 2026
In one sentenceSection 2-2107 bars punitive damages against a manufacturer or product seller whose conduct complied with an applicable safety regulation in effect at the time, unless the plaintiff proves by clear and convincing evidence that the defendant intentionally withheld or misrepresented material safety information from Congress, the state legislature, or the relevant regulatory agency.
Full Text of 735 ILCS 5/2-2107
Plain-English Summary
Section 2-2107 blocks punitive damages in a product liability action when the conduct that allegedly caused the harm was approved by, or complied with, standards in an applicable federal or state statute, regulation, or other administrative action from an agency responsible for the product's safety or use, as long as that statute or regulation was in effect at the time of the alleged misconduct.
The bar has one exception, and it carries a heightened burden: a plaintiff can still recover punitive damages by proving, with clear and convincing evidence (the standard defined in Section 2-2101), that the manufacturer or product seller intentionally withheld from or misrepresented to Congress, the state legislature, or the relevant federal or state agency material information about the product's safety or use — information that would or could have led to a different regulatory decision, standard, or law.
The bar and its exception apply only to punitive damages; the section doesn't address compensatory damages. Elsewhere in the Code, punitive damages claims are also subject to a separate pleading requirement and a court's power to review an award as excessive, so this section operates alongside those other checks rather than in isolation.
Frequently Asked Questions
When can't a plaintiff recover punitive damages under this section?
When the defendant's conduct that allegedly caused the harm was approved by, or in compliance with, an applicable federal or state safety statute, regulation, or administrative action that was in effect at the time of the alleged misconduct.
What has to be proven to overcome the regulatory-compliance bar on punitive damages?
Clear and convincing evidence that the manufacturer or product seller intentionally withheld from, or misrepresented to, Congress, the state legislature, or the relevant agency material safety information that would or could have resulted in a different law, standard, or regulatory decision.
What is "clear and convincing evidence" in this context?
Section 2-2101 defines it as the measure of proof that produces a high degree of certainty in the fact-finder's mind, requiring more persuasion than the ordinary preponderance-of-the-evidence standard.
Does this section apply to compensatory damages too?
No. The bar and its exception are both limited to punitive damages; the section doesn't restrict a plaintiff's ability to recover compensatory damages for the harm.
What agencies' standards count for the compliance defense?
Standards from a federal or state agency responsible for the safety or use of the product, set out in an applicable statute, regulation, or other administrative action in effect at the time of the alleged misconduct.
Amendment History
(Source: P.A. 89-7, eff. 3-9-95.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: punitive damages product liability illinoisregulatory compliance defense punitive damages illinoisclear and convincing evidence punitive damages illinois