EU court overturns titanium dioxide carcinogen label citing need for stronger science | Food Business Middle East & Africa

BELGIUM – The Court of Justice of the European Union (CJEU) has upheld the annulment of the EU classification of titanium dioxide (TiO₂) in certain powder forms as a suspected carcinogen.

This ruling delivers a significant victory for the Titanium Dioxide Manufacturers Association (TDMA), Evonik, and law firm Mayer Brown.

Titanium dioxide is an essential white pigment used across sectors, including paints, cosmetics, pharmaceuticals, food, and packaging. 

The judgment removes the obligation to label certain TiO₂ powders as carcinogenic, avoiding sweeping regulatory consequences for manufacturers. 

For the food industry, where TiO₂ is used in colorants and food-contact materials, the decision safeguards supply chains, minimizes compliance costs, and helps prevent unwarranted stigma around products containing the additive.

The case dates to November 2022, when Mayer Brown persuaded the General Court of the EU to annul the harmonized classification of TiO₂ as a suspected inhalation carcinogen under the EU’s Classification and Labelling (CLP) Regulation. 

The European Commission and the French Government appealed, but on review, the CJEU dismissed their challenge and confirmed that regulatory agencies must fully consider scientific evidence before imposing hazard classifications.

The Court rejected the opinion of the Advocate General, who argued that judges are not qualified to assess conflicting or inconclusive science and called for limiting judicial review of technical decisions. 

By affirming that complex science remains subject to meaningful legal scrutiny, the CJEU prevented regulators from adopting “scientific” decisions immune to challenge, even if they contain factual or methodological errors.

This ruling also leaves intact the General Court’s interpretation of “intrinsic property” in determining carcinogenicity, which may shape how other undefined concepts under CLP are applied. 

Beyond TiO₂, the decision sets a broader precedent affecting all EU chemical classifications, reinforcing that industry can contest flawed risk assessments in court.

For food and beverage manufacturers, the outcome provides greater regulatory certainty and continuity of ingredient use, while ensuring that hazard labels are based on rigorous science rather than precautionary assumptions.

The Mayer Brown team was led by Litigation Regulatory Enforcement partners Jean-Philippe Montfort and Pavlina Chopova-Leprêtre, with Antitrust & Competition partner Aymeric de Moncuit.

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