While this ruling from the EU General Court doesn’t immediately change the regulations surrounding titanium dioxide, nor does it change the ban that went into place in 2022, it does put the ingredient back in the spotlight.
 
In the coming months, we will see how the ruling impacts the regulations around titanium dioxide (E171), and we’ll see if the European Food Safety Authority (EFSA) will take another look at the body of scientific evidence used to justify the current ban on E171 in foods and pharmaceuticals.

On November 23, 2022, the General Court of the European Union reversed the conclusion that titanium dioxide was carcinogenic and released a statement (1,2):

“First, the Commission made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and, second, it infringed the criterion according to which that classification can relate only to a substance that has the intrinsic property to cause cancer.”
 
As part of our mission at CRIS we base our safety assessments on the currently available scientific evidence and consider many variables (e.g., study quality, journal of publication, etc.), even if it goes against previous conclusions. Evidence-informed decisions making is critical to ensure that the laws and regulations put into place are for the benefit of the population.
 
The EU General Court maintains that the scientific evidence presented wasn’t the complete picture for the ingredient, “in the present case, the requirement to base the classification of a carcinogenic substance on reliable and acceptable studies was not satisfied.”

Restraint