EU court confirms decision to remove titanium dioxide powder’s carcinogen classification

The European Court of Justice (ECJ) has upheld the EU’s annulment of the classification of titanium dioxide (TiO2) in some powder forms as a carcinogenic substance. The decision continues to allow TiO2 powder to be used in cosmetics without the “potentially carcinogenic” label.  

In 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. On August 1, 2025, the ECJ agreed with the EU court and upheld the classification.

However, using the same ingredient for food additives still requires the warning label due to concerns of genotoxicity — damage to DNA that can lead to mutations. 

The decision has re-sparked debate on chemical safety in the EU. The European consumer rights organization Foodwatch says the government body is siding with the industry rather than ensuring public health remains the main priority. 

“This is an undeniable victory for the powerful industrial lobbies that have put significant pressure on the European authorities throughout the classification process and refused to provide authorities with adequate information on the nanoforms of the substance,” says Natacha Cingotti, international senior campaigns strategist at Foodwatch.

The organization further argues that the decision could come with future industry challenges and chemical safety battles.

“The Court ruling on the carcinogenicity of TiO2 serves as a stark reminder that the battle between industry interests and public health protection remains far from resolved in European chemical regulation,” says Foodwatch.