France challenges EU Court decision to annul classification of titanium dioxide as carcinogen

two makeup brushes with powder collide

21 Feb 2023 --- The French government is appealing the EU General Court’s judgment of annulling the classification of titanium dioxide (TiO2) as a suspected carcinogen when inhaled or consumed in powder forms. The chemical is used widely in cosmetics, drugs, food and paint to provide a white color. However, due to its controversy, businesses are moving away from its use and finding alternatives.

The General Court had annulled the TiO2 classification of European Commission Regulation on November 23 last year. The judges found a lapse of judgment of the EU executive body decision, deeming the ruling a “manifest error in its assessment,” as the scientific study used as a pillar to justify the ban didn’t take into account “relevant factors.”

TiO2 can be found in sunscreens, pressed powders, loose powders, UV filters or whitening agents, details Campaign for Safe Cosmetics. The EU TiO2 ban had previously spurred innovation in clean-label ingredients and formats for nutrition and nutraceutical products.

TiO2 is a white powder obtained by transforming mineral compounds extracted from rocks.“The EU’s ban on TiO2 was a huge shift for the industry, as manufacturers sought out alternative options. Common white color alternatives, such as modified starch, calcium carbonate and calcium phosphate, can each pose a range of labeling and formulation drawbacks, including poor solubility and requiring chemical modification to overcome complications,” Hélène Moeller, VP of global product marketing, flavors at ADM previously told us.

Scientific opinion and debate
L’Oréal shares that TiO2 is a white powder obtained by transforming mineral compounds extracted from rocks. On another note, the Scientific Committee on Consumer Safety (SCCS) has established TiO2’s safe use.

“SCCS is of the opinion that the use of pigmentary TiO2 up to a maximum concentration of 25% in a typical hair styling aerosol spray product is not safe for either general consumers or hairdressers,” warns the body.

“The safety assessment has shown that using pigmentary TiO2 in loose powder up to a maximum concentration of 25% in a typical face makeup application is safe for the general consumer. Without more information, it may not be clear whether these conclusions would apply to the use of pigmentary TiO2 materials in other similar types of cosmetic applications on the market.”

L’Oréal additionally highlights the debates around the chemical. TiO2 is suspected of crossing the skin barrier when applied in nanometric forms or on injured skin. Additionally, the compound in nanometric form is thought to contaminate the environment, especially in aquatic ecosystems (plankton).

Setback to protecting health
France states that the court decision “is a setback” to protecting the health of EU citizens and workers involved in TiO2’s use.

The nation defends its stance, saying that the regulation of TiO2 is essential and needs a reaffirmation of its hazardous properties.France states that the court decision “is a setback” to protecting the health of EU citizens and workers involved in TiO2’s use.

Moreover, the General Court is accused of “exceeding the limits of its judicial review” as it carried out its own evaluation and interpretation of the scientific data.

The introduction of France’s appeal is reported to have a suspensive effect on the General Court’s judgment. Therefore, the harmonized classification will continue to apply until the outcome of the new procedure, says the French Government.

France takes lead
French authorities are paying close attention to the uses of TiO2 and are vigilant about the dangers. They have also played a role in providing scientific expertise providing regulatory management proposals to the substance.

The National Agency for Food, Environmental and Occupational Health and Safety initiated the classification of TiO2 as a carcinogen in 2016. This led the EC to adopt the classification that manufacturers then contested.

Furthermore, the nation suspended the marketing of food containing TiO2 (E171) before the EC generalized the EU restriction in October 2021. This action was based on persistent doubts about the safety of TiO2.

By Venya Patel

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