Important Emerging Developments – Enforcement Action: Microbeads in Toiletries Regulations

Posted Date: 22-August-2019

The Court of Justice of the European Union has dismissed appeals from France and the European Commission, upholding a previous judgment that annulled the classification of titanium dioxide as a carcinogen by inhalation from powdered products. The classification, which was initiated in 2016 by the National Agency for Food, Environmental and Occupational Health and Safety (ANSES, France) submitted to the European Chemicals Agency (ECHA) a proposal for classification of titanium dioxide as a carcinogen by inhalation. ECHA adopted an opinion stating that the classification of the substance was justified. In 2019 European Commission adopted regulations proceed with the classification that substance was carcinogenic to humans by inhalation in powder form containing 1% or more of particles of diameter equal to or below 10 µm. The Court of Justice's decision confirms the annulment, concluding that the Committee for Risk Assessment (RAC) failed to consider all relevant factors when evaluating the scientific evidence. In a ruling on November 23, 2022, the General Court nullified the classification and labeling of a substance, finding that the European Commission had made a significant error. The court determined that the Commission's assessment of a key scientific study, which was the basis for the classification, was flawed. Both France and the Commission appealed this decision to the Court of Justice. However, in a judgment delivered today, the Court of Justice rejected both appeals. This means the General Court's initial ruling is upheld, and the classification of titanium dioxide as a carcinogen is annulled. EUCJ on CMR Classification

Posted By:  Linitha Ganesh

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