Titanium dioxide powder was wrongly classified
Paint and coating manufacturers have successfully challenged the classification of titanium dioxide before the European Court of Justice (ECJ). The court declared the relevant EU Commission regulation null and void.
Titanium dioxide powder was wrongly classified by the EU as carcinogenic. The European Court of Justice (ECJ) declared the relevant EU Commission regulation null and void on November 23, 2022, finding that the EU Commission committed a manifest error in assessing the reliability of the study on which the classification was based. The ruling can still be appealed.
The EU Commission had decided in 2019 that the substance in powder form should be classified as carcinogenic if inhaled. These were dusts with at least 1 % titanium dioxide particles smaller than 0.01 millimeters. This does not mean that titanium dioxide is banned, but that it must be accompanied by a warning label. Several companies, in particular paint and coating manufacturers such as CWS Powder Coatings, and the Titanium Dioxide Manufacturers Association (TDMA) had filed a complaint about this.
The EU Court has ruled that such a classification must be based on reliable and recognized evidence, furthermore, a substance can only be classified as carcinogenic if it actually has the “intrinsic property” of causing cancer, therefore titanium dioxide would have to be carcinogenic in itself.