Recently, the European Court of Justice (ECJ) upheld the annulment of the EU’s 2019 decision to classify certain powder forms of titanium dioxide (TiO₂) as a potential carcinogen. This ruling means that TiO₂ powder can continue to be used in cosmetics without carrying the “potentially carcinogenic” label.
n 2019, the ECJ classified the substance as a class 2 carcinogen. However, the court says the prior decision was based on “flawed research,” as inhalation of TiO2 was tested on rats rather than humans. The rats developed lung tumors.
In 2022, the European General Court annulled the European Commission’s (EC) 2019 classification due to flaws in the research methodology, which the EC and France appealed. Recently, the ECJ agreed with the EU court and upheld the classification.
While TiO₂ in cosmetics is no longer deemed carcinogenic, its use as a food additive still requires a warning label due to concerns over genotoxicity, or potential DNA damage. The ruling has reignited controversy over chemical safety standards in the EU, with consumer group Foodwatch criticizing the decision as favoring industrial lobbying over public health.
“This is an undeniable victory for the powerful industrial lobbies that have put significant pressure on the European authorities throughout the classification process,” said Natacha Cingotti, senior campaigns strategist at Foodwatch, warning that the judgment could pave the way for further industry-led challenges to chemical safety regulations.
