The European Union (EU) adopted Commission Delegated Regulation (EU) 2020/217 on October 4, 2019, to update and modify Regulation no. 1272/2008/EC on Classification, Labelling, and Packaging of Substances and Mixtures (CLP Regulation). This amendment contains numerous significant provisions, including the classification of titanium dioxide in powder form having at least 1% of particles with aerodynamic dimension below 10μm as a carcinogenic substance by inhalation category 2.
The Court of Justice of the European Union (CJEU) revoked, on November 23, 2022, the Commission Delegation Regulation of 2019 regarding the classification and labelling of titanium dioxide in the CLP Regulation. In its verdict, the General Court concluded that the Commission made an obvious error in its assessment of the reliability and acceptability of the study on which the classification was based, and improperly applied the classification criteria as set out by the CLP Regulation to a chemical that has the inherent property of causing cancer (CJEU Press Release No. 190/22 and Judgement of the General Court Cases T 279/20 and T 288/20 and in Case T 283/20, CWS Powder Coating and others V Commission))