Classification of TiO2 powder annulled
The European Court of Justice has confirmed the annulment of the Classification of titanium dioxide powder particles ≤10 µm. In 2016, France’s safety agency ANSES proposed to classify TiO2, followed by a decision by the EU RAC (Risk Assessment Committee) and then adoption by the European Commission of a delegated regulation specifying Cat.2 H351 “suspected of causing cancer by inhalation” for TiO2 powders with ≥1% of particles ≤10 µm diameter”. The European Court has now ruled to uphold the General Court’s 2022 annulation of this Classification, considering in particular that the Commission had committed a manifest error in its assessment of the acceptability and reliability of a scientific study on which the classification had been based in that the tendency of particles to agglomerate was not taken into account. The ECJ does not analyse the General Court’s opinion that a substance which is not intrinsically carcinogenic should not be Classified simply because particle size can physically generate risks. This appeal judgement is of significance for all minerals, including e.g. talc and mineral PIN flame retardants, which not intrinsically carcinogenic but could be Classified simply because of presence of small particles.
“The Court of Justice upholds the annulment of the classification of titanium dioxide in certain powder forms as a carcinogenic substance”, European Court of Justice press release n°99/25, 1st August 2025, CURA https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-08/cp250099en.pdf
Full text of European Court of Justice judgement of 1st August 2025, CURIA n° C-71/23 P https://curia.europa.eu/juris/documents.jsf?num=C-71/23%20P
