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France Appeals EU General Court’s Decision to Annul Titanium Dioxide as Carcinogenic

SafeGuardSToys and Juvenile Products, Automotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, SoftlinesFebruary 23, 2023

SG 27/23

France has announced that its government has appealed the EU General Court’s decision to annul the classification of titanium dioxide (TiO2) in certain powder forms as carcinogenic. The harmonized classification and labeling of TiO2 will continue to apply until the appeal has been decided.

In November 2022, the Court of Justice of the European Union (CJEU) annulled Commission Delegation of 2019 as regards the classification of titanium dioxide in powder form containing 1% or more of particles with aerodynamic diameters ≤ 10µm as a carcinogenic category 2 substance by inhalation. An appeal, limited to point of law only, may be brought before the CJEU against the decision of the General Court within two months and ten days of notification of the decision (SafeGuardS 134/22 and references therein).

On February 13, 2023, France’s Ministry of Ecological Transition and Territorial Cohesion and Ministry of Energy Transition (Ministère de la Transition écologique et de la Cohésion des territoires et Ministère de la Transition énergétique) announced that the French government is appealing against the aforementioned judgement by the CJEU.

According to the announcement, the CJEU exceeded the limits of its judicial review by conducting its own evaluation and interpretation of the scientific data. The lodging of an appeal suspends the CJEU’s decision, and the harmonized classification and labeling will continue to apply until the end of the procedure.

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