EU Court of Justice to Reassess Titanium Dioxide Carcinogen Classification

Advocate General Ćapeta’s Position

‍Advocate General Ćapeta’s opinion focuses on the EU General Court's decision in 2022, which annulled the European Commission’s classification of titanium dioxide in powder form as a Category 2 carcinogen by inhalation. Ćapeta argues that the court erred by narrowly interpreting "intrinsic properties" and overstepping its role by replacing regulatory scientific assessments with its own.

Ćapeta stated in her opinion

"The General Court cannot therefore replace its scientific assessment for that of the Commission. In doing so, it would encroach on the jurisdiction of the administration."

Implications for Industry Stakeholders

‍Titanium dioxide is a key component in numerous sectors, including:

• Cosmetics: Sunscreens and toothpaste.
• Coatings and Paints: High-opacity pigments for brightness and durability.
• Plastics and Packaging: UV-resistant properties for long-lasting products.

If the classification is reinstated, businesses will face compliance challenges, including labelling, packaging updates, and restrictions on use in toys, cosmetics, and more. The decision could also affect waste categorisation and limit eligibility for eco-certifications like the EU Ecolabel.

A Regulatory Precedent in the Making?

‍The broader concern lies in how the EU handles science in policymaking. Ćapeta’s recommendation reinforces the importance of maintaining trust in regulatory authorities like ECHA while ensuring judicial oversight does not hinder scientific progress. Stakeholders should watch for further developments as the case returns to the General Court for review.