TiO2 : France is appealing the annulment of the harmonised classification
mercredi 15 février 2023
France is appealing the annulment by the European Court of Justice of the classification of titanium dioxide as a carcinogen (case registered under number C-71/23 P).
As a reminder, Titanium dioxide (TiO2) is a substance widely used in the food, cosmetic and chemical industries as a white pigment. In February 2020, the European Commission published its 14th Adaptation to Technical Progress of CLP (Delegated Regulation (EU) No 2020/217) in which TiO2 was classified as carcinogen category 2 by inhalation (Carc. 2 H351i) following the recommendations of the Risk Assessment Committee (RAC). This decision led to the establishment of two new labelling statements (EUH211 and EUH212) and the creation of three notes in Annex VI (10, V and W).
This classification, highly criticised by professionals, was invalidated by the Court of Justice of the European Union on Wednesday, 23 November 2022 through the publication of a Court Decision. It was judged that TiO2 had no intrinsic property inducing a carcinogenic effect and that the effects observed were only based on the physical properties of the particles (size, shape and physical state).
France is therefore challenging this decision and considers that the Court of Justice "exceeded the limits of its judicial review by carrying out its own assessment and interpretation of the scientific data". The appeal has a suspensive effect on the Court's decision, so the harmonised classification will continue to apply until the end of the procedure.