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EU General Court Annuls Classification of Titanium Dioxide as Carcinogenic

SafeGuardSEE Restricted Substances, Automotive, Electrical Medical Devices, Hardgoods, Softlines, Toys and Juvenile ProductsNovember 29, 2022

SGS 134/22

The EU General Court has annulled the classification of titanium dioxide in certain powder forms as carcinogenic.

In 2020, the European Union (EU) issued Commission Delegated Regulation (EU) 2020/217 of October 4, 2019, to amend and correct Regulation (EC) 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation). That amendment contains several important provisions, including the classification of titanium dioxide in powder form containing 1% or more of particles with aerodynamic diameter ≤ 10µm as a carcinogenic category 2 substance by inhalation (SafeGuardS 27/20 and references therein).

On November 23, 2022, the Court of Justice of the European Union (CJEU) annulled the Commission Delegation Regulation of 2019 as regards to the aforementioned classification and labeling of titanium dioxide in the CLP Regulation. In its judgment, the General Court ruled that the Commission made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based, and incorrectly applied the classification criteria as laid down by the CLP Regulation to a substance that has the intrinsic property to cause cancer (CJEU Press Release No. 190/22 and Judgement of the General Court (Joined Cases T 279/20 and T 288/20 and in Case T 283/20, CWS Powder Coatings and others V Commission). 

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