The General Court annuls the Commission Delegated Regulation of 2019 in so far as it concerns the harmonised classification and labelling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms

23 November 2022

News that BASA members will find interesting is that the EJC has annulled today the COM Delegated act on TiO2 on the harmonised classification and labelling of titanium dioxide as a carcinogenic substance by inhalation in certain powder form. We are now asking HSE whether the UK is likely to follow this annulment in respect of GB

The Court is saying: 

1. The Commission made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and, 
2. It infringed the criterion according to which that classification can relate only to a substance that has the intrinsic property to cause cancer. Titanium dioxide is an inorganic chemical substance used, in particular in the form of a white pigment, for its colourant and covering properties in various products, ranging from paints to medicinal products and toys. 

 

The second justification will help all PSLTs and probably other substances which do not exhibit intrinsic chemical effects. 

https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-11/cp220190en.pdf

 We are currently trying to assess how HSE and GB CLP will respond to this as the reclassification was under the 14th ATP that GB have already incorporated into GB CLP ab

Written by: Lorna Williams