Status: 11/23/2022 2:18 p.m
In 2019, the EU classified the whitening agent titanium dioxide in certain forms as carcinogenic. Since then, some products have had to carry a warning label. On the other hand, some manufacturers complained – and were now right by the ECJ.
According to the European Court of Justice, the EU wrongly classified the whitening agent titanium dioxide in powder form as carcinogenic when inhaled. The court declared a corresponding regulation by the EU Commission to be null and void. The European Chemicals Agency did not consider all aspects and therefore drew an implausible conclusion, announced the judges in Luxembourg. The EU Commission followed this conclusion and made the same mistake. An appeal can still be lodged against the judgment.
Titanium dioxide is found, for example, in wall paint or sunscreen. The color pigment is suspected of being carcinogenic. Titanium dioxide has been banned in food since the middle of the year. In 2019, the EU Commission decided that the substance in powder form should be classified as carcinogenic if inhaled. This did not ban titanium dioxide, but it did have to be accompanied by a warning. On the other hand, various manufacturers and dealers had sued.
Titanium dioxide is mainly used in paints.
Image: dpa
No “intrinsic” risk of cancer
The EU court has now ruled that such a classification must be based on reliable and recognized studies. That was not the case here. In addition, a substance may only be classified as carcinogenic if it actually has the “intrinsic property” of causing cancer. Titanium dioxide should therefore be carcinogenic on its own. However, the Chemicals Agency’s risk assessment committee classified the danger as “not intrinsic in the traditional sense”.
According to the court, the risk of cancer only exists with certain respirable titanium dioxide particles if they are in a certain aggregate state, a certain shape, a certain size and a certain amount. This is therefore not sufficient for the classification as carcinogenic.
Forbidden in food
However, the ban on titanium dioxide in food remains unaffected by the judgement. Until the summer, the substance was approved as a food additive E 171 and was also contained in foods such as baked goods or dragées. Above all, it ensures that products look particularly white or shine, such as chewing gum. However, its use as a food additive is now banned throughout the EU.
The substance is also used in numerous other products – and very often. According to the Federal Environment Agency, more than one million tons are produced each year in Europe alone. About 90 percent of it is used as a white pigment for the production of coatings, paints and printing inks as well as plastics and paper. The rest continues to be used, for example, in cosmetics such as toothpaste or sunscreen and pharmaceuticals.
The substance in creams is not a problem because it is loud Federal Office for Risk Assessment not absorbed through the skin. However, observers are particularly critical of its use in toothpaste. For example, explains the Consumer Center Hamburgthat children in particular often swallow dental care products. The particularly small nanoparticles are particularly problematic. These are suspected of penetrating human cells and damaging the genetic material there. That put the European Food Safety Authority 2021 Celebration.