ECJ: Titanium dioxide wrongly classified as carcinogenic
Paint and varnish manufacturers sued the European Court of Justice against the classification of titanium dioxide. The court declared the corresponding regulation of the EU Commission to be void.
Titanium dioxide in powder form is wrongly classified as carcinogenic by the EU. The European Court of Justice (ECJ) declared a corresponding regulation of the EU Commission to be void on November 23.11.2022, XNUMX. The court in Luxembourg announced that the EU Commission had made an obvious error in assessing the reliability of the study on which the classification was based. An appeal can still be lodged against the judgment.
In 2019, the EU Commission decided that the substance in powder form should be classified as carcinogenic if inhaled. This involved powders containing at least 1% titanium dioxide particles smaller than 0,01 millimeters. This did not ban titanium dioxide, but it did have to be accompanied by a warning. Various companies, in particular paint and varnish manufacturers such as CWS Powder Coatings, and the Association of Titanium Dioxide Manufacturers (TDMA) had sued.
The EU court has now ruled that such a classification must be based on reliable and recognized studies. That was not the case here. In addition, a substance may only be classified as carcinogenic if it actually has the "intrinsic property" of causing cancer.
Titanium dioxide should therefore be carcinogenic on its own. Here, on the other hand, according to the court, the risk of cancer only exists in connection with certain respirable titanium dioxide particles if they are present in a certain aggregate state, a certain shape, a certain size and a certain amount. That is not enough for the classification as carcinogenic.
Source: Paint and Varnish